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Gawker Threatened For Publishing Quotes From Book Proposal, Adds 'Commentary' In Response
from the nauseating-and-cloying-precociousness-that-permeates-the-entire-proposal dept
Of course, by adding commentary, Gawker is clearly trying to show that it's quoting was fair use. Given the short nature of the original quotes, they probably could make a decent fair use claim on the original post as well, even without the additional commentary (and, of course, if sued, they could still get dinged for the original quotes sans commentary). But, still... the end result of all of this is that Gawker just gets that much more attention, and Lena Dunham's "nauseating and cloying precociousness" gets a further hearing. I fail to see how that benefits Dunham at all. Going legalistic just because you don't like how someone covers your work -- even if you have a legitimate copyright claim -- is often not a particularly intelligent business decision.I've been in therapy since I was seven.
Update: Lena Dunham's personal litigation counsel Charles Harder has contacted Gawker to relay a demand from his client, Lena Dunham, that we remove the above quote from our web site. In order to clarify our intent in quoting the above matter from Dunham's proposal, we have decided to append the following commentary: The quoted sentence is revelatory of Dunham's character in that it provides evidence that she has been examining her own thoughts and desires analytically from an absurdly young age. It is also indicative of a nauseating and cloying precociousness that permeates the entire proposal.
When I was about nine I developed a terrible fear of being anorexic.
Update: Lena Dunham's personal litigation counsel Charles Harder has contacted Gawker to relay a demand from his client, Lena Dunham, that we remove the above quote from our web site. In order to clarify our intent in quoting the above matter from Dunham's proposal, we have decided to append the following commentary: The quoted sentence is indicative of Dunham's self-dramatizing narcissism inasmuch as it presents what is obviously a desire for an attention-grabbing condition as a fear of developing said condition. It is also indicative of a nauseating and cloying precociousness that permeates the entire proposal.
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https://en.wikipedia.org/wiki/Streisand_effect
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Or they're attempting to turn what was infringement into fair use. But by adding the text and trying to make it into fair use, they are only admitting that it wasn't fair use to begin with. Even if this new use is fair, that doesn't negate the prior infringement. And now they're just pissing them off, making it more likely that they are sued. Good times.
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Second, even if she did sue, what are her damages? I doubt it was registered, so no statutory damages are available. Proving actual damages would be fairly difficult since there really aren't any; she's not selling the proposal in bookstores and she's already sold the book
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I did note that they could still get dinged by the original quotation sans commentary. However, I don't think that adding commentary is an automatic admission that the original was NOT fair use. That seems like an extreme interpretation. Adding to the commentary for the sake of making the point clearer is a reasonable move.
Even if this new use is fair, that doesn't negate the prior infringement.
As I noted. And, again, you're assuming that it absolutely is infringement.
And now they're just pissing them off, making it more likely that they are sued. Good times.
A lawsuit under the circumstances would seem really, really stupid. Gawker has a pretty good track record on these kinds of lawsuits.
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I'm not saying it absolutely was infringement. But the fact that they felt they had to change the post indicates that they weren't so sure that it wasn't infringing. If they were sure that it was fair use, they wouldn't have changed it. The fact that they changed it indicates that they didn't think fair use was a lock. My point was that by changing it they haven't erased the infringement whatsoever.
A lawsuit under the circumstances would seem really, really stupid. Gawker has a pretty good track record on these kinds of lawsuits.
And they might even win. My point though is that all they did was make things worse. They should have left it alone or taken it down. Rubbing it in her face while she's obviously upset about it was not the move I would have made. But I can see how such a move would meet with your approval.
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Even if this new use is fair, that doesn't negate the prior infringement
More flops than than bacon in a frying pan.
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Makes sense
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Lena Dunham ( /ˈlinə ˈdʌnəm/ lee-nə dun-um; born May 13, 1986) is an American filmmaker and actress.[1] She wrote and directed the independent film Tiny Furniture (2010), and is the creator and star of the HBO series Girls. In 2012, she was nominated for 4 Emmy Awards for Girls.
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Jerk
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When will the publisher invest a fraction of this sort of money into reviewing submissions and coaching promising would be published authors. This would be using their monopoly to encourage the production of works of value to a culture.
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I'm all for pretentious young movie stars ruining their reputations in this manner.
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You don't know that any publicity is good publicity?
It's an and still likely strategy -- just look: with this notice on Techdirt, at least a dozen people are informed of her upcoming book! If the usual rates apply, she's assured of 0.001 more sale!
I'm surprised that Mike "Streisand Effect" Masnick wouldn't know all there is about publicity (reverse strategy too), let alone that old saw. But Mike's failures are frequent.
Every click for Mike "Streisand Effect" Masnick is a click for him!
http://en.wikipedia.org/wiki/Streisand_effect
His fame now depends totally on you! He's done all he can!
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Re: You don't know that any publicity is good publicity?
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Re: You don't know that any publicity is good publicity?
Are we supposed to take you seriously?
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Re: You don't know that any publicity is good publicity?
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me again
It's a reason to completely disregard ALL CONTENT of your argument.
Did Mike steal your girlfriend or something ?
I do somewhat agree that all publicity is good publicity to a point.
And.... you should Ignore the Attention Whore
given... something Mike didn't do with TheOatmeal and that marketeer scammer Inman.
But that was a very specific case were the narrative was established by Inman(the viral marketeer). It also wasn't just TD that used that narrative of "poor helpless cartoonist VERSUS the evil rich empire of FunnyJunk".
This story has fuck all to do with TD buying a narrative.
Get that stick about Mike, out of your ass.
You sound retarded again
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Re: You don't know that any publicity is good publicity?
I rarely ever scroll down to the comments section on blogs but whenever I read an article on here I think "huh, I wonder what one of the trolls will do with this one." and then scroll down looking for you! Easy to find given it's a different colored text I'm scanning for to click on.
If anything Mike and the rest of the crew should thank you! You are improving the community here.
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■ Writer spends two years writing a book.
■ Writer spends another two years trying to get a publisher to look at it, never mind read it.
■ Privileged woman gets $3.7 million for writing a book that doesn't exist yet.
@ Gawker
""Dunham exists in a navel-gazing bubble of privilege where one's mother simply has a nutritionist.""
Well said Gawker, well said
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Justified
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Given she has to sell way more than $3.7m worth of books, can you really blame her for attempting to pull 66 pages worth of proposed contents and samples of said contents? Also, this just gives her way more publicity and think she knows (and probably doesn't care) just how love/hate she is...
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No, she doesn't, unless she has an unusual deal with her publisher. She doesn't have to sell a single book. Her publisher has to sell that many books to recoup, of course, but she gets to keep the advance regardless (unless she fails to produce the work on schedule).
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Dunhams laughing all the way to the bank
Second, Lena Dumb-Ham is probably delighted at Gawker's subsequent lambasting of her. In her world of self absorbed, elitist, fat-chick-lit, neo-feminist "comedy" the attention, no matter what kind, will only help her.
And I've got nothing against her. Live and let live.
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