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<title>Techdirt. Stories filed under &quot;deadspin&quot;</title>
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<pubDate>Wed, 8 May 2013 14:03:17 PDT</pubDate>
<title>Dr. Phil Sues Deadspin For Reporting On Manti T'eo Hoax Even Though Deadspin Broke The Story</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130508/11311423005/dr-phil-sues-deadspin-reporting-manti-teo-hoax-even-though-deadspin-broke-story.shtml</link>
<guid>http://www.techdirt.com/articles/20130508/11311423005/dr-phil-sues-deadspin-reporting-manti-teo-hoax-even-though-deadspin-broke-story.shtml</guid>
<description><![CDATA[ If you recall the insane concept of "<a href="http://www.techdirt.com/blog/?tag=hot+news">hot news,</a>" you know all about the attempt to treat factual information as intellectual property as long as you were breaking that information as news. Courts have since seen through that kind of <a href="http://www.techdirt.com/articles/20110620/13271614771/appeals-court-realizes-hot-news-makes-no-sense-dumps-injunction-theflyonthewall.shtml">insanity</a>, but that doesn't keep some of the more obnoxious organizations out there from attempting end-arounds that amount to the same thing. And since I used the word "obnoxious," you just had to know that the latest example of this is going to feature Dr. Phil, who is every bit an M.D. as I am a velociraptor.
<br /><br />
Many months back when people still gave a damn about college football, Dr. Phil had a two-part series with Ronaiah Tuiasosopo, the man who says he perpetrated the hoax of a fake, dead girlfriend on Notre Dame linebacker and now NFL draft-dropper Manti T'eo. Deadspin covered the story, including the use of clips from the show, in which Tuiasosopo performed his falsetto girl-voice in one of the most awkward television moments this side of that one time when Tom finally caught Jerry and ripped his limbs off in victory (FYI, that never happened). Dr. Phil has apparently cried copyright foul. His reason for this is that some of history's worst math mixed with a touch of irony told him that <a href="http://gawker.com/dr-phil-lawsuit-blames-deadspin-for-his-ratings-succes-494422539">Deadspin's coverage cost him massive amounts of viewers</a>.
<blockquote>
<i>Peteski Productions is arguing that Deadspin spoiled a two-part cliffhanger on the Dr. Phil program by posting a clip of Ronaiah Tuiasosopo speaking in what he said was the voice of the fictitious girlfriend "hours before the Dr. Phil Show aired to over 98% of its viewers." In other words, the clip was posted after the episode of Dr. Phil had already been broadcast in some markets, breaking the show's own news blackout on the question of whether or not Tuiasosopo would perform the female voice.</i>
</blockquote>
<blockquote>
<i>According to Broadcasting & Cable, the first and second parts of the interview drew <a href="http://www.broadcastingcable.com/article/491830-Syndication_Ratings_Te_o_Internet_Hoax_Drives_Up_Syndie_Talk_Ratings_.php">4.8 million and 4.3 million viewers</a> respectively, exceeding the show's average of 4.1 million. That performance helped make Dr. Phil the No. 1 rated syndicated talk show for that sweeps period.</i>
</blockquote>
Keep the math we're discussing here in mind, because the level of stupid is about to approach epic proportions. Dr. Phil's ratings during those two shows exceeded their averages. Meanwhile, the two Deadspin posts in question garnered a grand total of 164k views <i>together</i>. The lawsuit alledges that the second Deadspin post, which had 103k of those views, caused the drop in viewership between the first and second episodes of the Dr. Phil show. Read that again. A post with roughly 100k views cost Dr. Phil 400k viewers. Clearly, Dr. Phil's doctorate isn't in mathematics. Nor is it in intellectual property law, I'm afraid, as most people would have to conclude that using the short clips to report on the story, with additional commentary, would very likely fall under fair use.
<br /><br />
So, there you have the bad math part. But I promised you irony, didn't I? For that, we'll return to the lawsuit, which references Deadspin's ex-editor, AJ Daulerio's joking claim about how people refer to the site as a "content remora" and then the lawsuit helpfully goes on to describe exactly what that is.
<blockquote>
<i>A remora is a fish, sometimes called a suckerfish, which attaches itself to other fish like sharks. The host fish gains nothing from the relationship but the remora is enriched by obtaining benefits (usually food and transportation) from the host.</i>
</blockquote>
Got it? The lawsuit is claiming that Deadspin is leeching off of Dr. Phil, providing nothing to them but benefiting from Dr. Phil's laborious undertakings. So why is this ironic? Well, because Deadspin <i><a href="http://www.techdirt.com/articles/20130118/06322821722/deadspin-shows-again-that-new-news-media-can-do-investigative-journalism.shtml">broke</a> the damned T'eo story to begin with</i>. No Deadspin, no Dr. Phil shows with higher-than-average ratings. The remora reference would only be apt if remoras left their host sharks regularly to order those sharks Chinese takeout and deliver said takeout personally.  And, of course, Daulerio's use of the term, in context, shows that he was actually mocking those -- like Dr. Phil -- who falsely imply that Gawker and its sites like Deadspin only leech off of someone else's content.  The whole point of Daulerio's statement was to show that they're not, in fact, leeching, and yet Dr. Phil's lawsuit attempts to flip that around.
<br /><br />
So take your own advice and get real, Dr. Phil. This was a case of fair use and your piss-poor math is as laughable as it gets. You should be thanking Deadspin for the story in the first place, not slinging mud and lawsuits in their direction.<br /><br /><a href="http://www.techdirt.com/articles/20130508/11311423005/dr-phil-sues-deadspin-reporting-manti-teo-hoax-even-though-deadspin-broke-story.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130508/11311423005/dr-phil-sues-deadspin-reporting-manti-teo-hoax-even-though-deadspin-broke-story.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130508/11311423005/dr-phil-sues-deadspin-reporting-manti-teo-hoax-even-though-deadspin-broke-story.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>who's-leeching-off-whom?</slash:department>
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<pubDate>Fri, 18 Jan 2013 16:26:26 PST</pubDate>
<title>Deadspin Shows Again That New News Media Can Do Investigative Journalism</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130118/06322821722/deadspin-shows-again-that-new-news-media-can-do-investigative-journalism.shtml</link>
<guid>http://www.techdirt.com/articles/20130118/06322821722/deadspin-shows-again-that-new-news-media-can-do-investigative-journalism.shtml</guid>
<description><![CDATA[ If you sit down quietly, wherever you are, close your eyes, quiet your heart, and listen closely enough, you&#39;ll be able to hear someone somewhere talking about how journalism is dead and the internet killed it. Even some of traditional news media&#39;s players draw an <a href="http://www.techdirt.com/articles/20130108/17302821613/cbs-sports-writer-feels-its-ok-to-issue-stealth-corrections-because-its-just-internet.shtml">odd distinction</a> between paper and web content. More specifically, there are many who question where investigative journalism will go once traditional news finishes its death convulsions and the web is what&#39;s left.
<br /><br />
Well...it will go to the web, of course. And for those who believe investigative journalism and the internet go together about as well as peanutbutter and meatballs, one of the biggest stories circulating the sporting world right now should disabuse you of that notion, because it was Deadspin that independently broke the story of <a href="http://deadspin.com/5976517/manti-teos-dead-girlfriend-the-most-heartbreaking-and-inspirational-story-of-the-college-football-season-is-a-hoax">Notre Dame&#39;s Manti Te&#39;o&#39;s fake dead girlfriend</a> (I never get tired of saying that), while the traditional news sources completely screwed the pooch and possibly even sat on the story. If you&#39;re not familiar with this tale of intrigue, well, it&#39;s just freaking&nbsp;<i>strange</i>.
<blockquote>
<i>Te&#39;o was whipsawed between personal tragedies along the way. In the span of six hours in September, as Sports Illustrated told it, Te&#39;o learned first of the death of his grandmother, Annette Santiago, and then of the death of his girlfriend, Lennay Kekua. Kekua, 22 years old, had been in a serious car accident in California, and then had been diagnosed with leukemia. SI&#39;s Pete Thamel described how Te&#39;o would phone her in her hospital room and stay on the line with her as he slept through the night. "Her relatives told him that at her lowest points, as she fought to emerge from a coma, her breathing rate would increase at the sound of his voice," Thamel wrote.</i>
</blockquote>
It&#39;d be a heartfelt sob story if...you know...Lennay Kekua existed. Unfortunately, she does not and did not. Instead, it appears she was the creation of a failed athelete who was associated with Manti T&#39;eo. Given the way the narrative was infused with T&#39;eo&#39;s bid for the Heisman Trophy, reasonable speculation currently centers on whether T&#39;eo was in on the hoax and used it to further his own aims. Lest you think that breaking this story took some trivial amount of internet sluething, that&#39;s not the case.
<blockquote>
<i>But there is no SSA record there of the death of Lennay Marie Kekua, that day or any other. Her passing, recounted so many times in the national media, produces no obituary or funeral announcement in Nexis, and no mention in the Stanford student newspaper. Nor is there any report of a severe auto accident involving a Lennay Kekua. Background checks turn up nothing. The Stanford registrar&#39;s office has no record that a Lennay Kekua ever enrolled. There is no record of her birth in the news. Outside of a few Twitter and Instagram accounts, there&#39;s no online evidence that Lennay Kekua ever existed.</i>
<br /><br />
<i>All of those photographs&mdash;with one important exception&mdash;came from the private Facebook and Instagram accounts of Reba [false name], whom we found after an exhaustive related-images search of each of Lennay&#39;s images (most of which had been modified in some way to prevent reverse image searching)...Then, in a series of lengthy phone calls, Reba told us everything she knew about the classmate, a star high school quarterback turned religious musician named Ronaiah Tuiasosopo.</i>
</blockquote>
Deadspin then went on to do in depth reporting on Tuiasosopo, including speaking with many people who know him and have knowledge of his antics and ties to T&#39;eo. For those who are not impressed with this, seriously, follow the link to the piece at Deadspin, because the amount of content they were able to build around their investigation is&nbsp;<i>insane</i>. At worst, it&#39;s a hell of a story about a horrible college sports scandal.
<br /><br />
But Deadspin, often maligned by the same traditional media that pretends they&#39;re the gatekeepers of investigative journalism, wasn&#39;t deaf to the failings of those same people. They put out a separate post, detailing <a href="http://deadspin.com/5976666/heres-everything-the-media-screwed-up-in-reporting-the-story-of-manti-teos-fake-dead-girlfriend">every last failing the news media engaged in</a> prior to their piece about the T&#39;eo/Kekua story. Traditional media were played for suckers and it took a new media blog to make things right. As they note in their piece, the media wasn&#39;t just duped by this hoax, they amplified it.<br /><br /><a href="http://www.techdirt.com/articles/20130118/06322821722/deadspin-shows-again-that-new-news-media-can-do-investigative-journalism.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130118/06322821722/deadspin-shows-again-that-new-news-media-can-do-investigative-journalism.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130118/06322821722/deadspin-shows-again-that-new-news-media-can-do-investigative-journalism.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>better-than-the-masses</slash:department>
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<pubDate>Thu, 1 May 2008 06:52:00 PDT</pubDate>
<title>Reporter Curses Out Sports Blogger -- Bemoaning That Blogs Are Filled With Cursing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080430/224354991.shtml</link>
<guid>http://www.techdirt.com/articles/20080430/224354991.shtml</guid>
<description><![CDATA[ Last week, we pointed out the <a href="http://www.techdirt.com/articles/20080425/020649944.shtml">amusing contrast</a> of a corporate blogger winning respect for his coverage of the beer industry, while a supposed trade industry journalist admitted that his coverage was impacted by the fact that he felt this blog was competition.  In the latest example of a reporter's actions against a blogger making a much bigger point than his words, Pulitzer Prize winning reporter (and author of the book <i>Friday Night Lights</i>) Buzz Bissinger <a href="http://blogs.wsj.com/buzzwatch/2008/04/30/in-brief-the-anti-web-rant-that-has-sports-bloggers-and-fans-talking/?mod=WSJBlog?mod=homeblogmod_buzzwatch" target="_new">went on a curse-filled rant against bloggers</a> on Bob Costas' show.  The <a href="http://deadspin.com/385770/bissinger-vs-leitch">rant</a> was mainly directed at Deadspin author Will Leitch.  Amusingly, Leitch (who Bissinger accused of being crass and unprofessional) remained calm, thoughtful and respectful through the conversation.  What was so amazing is that Bissinger displays almost every trait that he trashes Leitch and other bloggers for.
<br /><br />
Of course, this sort of rant from a traditional reporter is nothing new -- but it's based on a misunderstanding of what's happening.  He cherry picks some examples of silly blog posts, and then assumes that represents the entire concept.  That, of course, is exactly wrong (though, perhaps not as ridiculous as Costas, who later in the show suggests he doesn't understand the difference between blog posts and blog comments).  No one denies that as you expand the "long tail" of content out there, that you get a lot more crap.  That's not even worth pointing out.  But, that doesn't mean that the good stuff doesn't rise to the top -- and it does so by finding an audience.  What Bissinger's attack is really saying is that he knows he's losing to the competition, and rather than up his game, his only response is to trash talk.  It's a rather sad position for such an esteemed journalist, and it's insulting to his readership, as he's suggesting that they're too stupid to understand the difference between good writing and bad writing.<br /><br /><a href="http://www.techdirt.com/articles/20080430/224354991.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080430/224354991.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080430/224354991.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-this-irony?</slash:department>
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