from the abuse-of-copyright dept
The court has now tossed out Savage's lawsuit, pointing out that CAIRs actions were, indeed, fair use.
The complaint affirmatively asserts that the purpose and character of [CAIR's] use of the limited excerpts from the radio show was to criticize publicly the anti-Muslim message of those excerpts. To comment on [Savage's] statements without reference or citation to them would not only render [CAIR's] criticism less reliable, but be unfair to [Savage]. Further, it was not unreasonable for [CAIR] to provide the actual audio excerpts, since they reaffirmed the authenticity of the criticized statements and provided the audience with the tone and manner in which [Savage] made the statements.Furthermore, the court points out that Savage's claim of "lost revenue" from this so-called infringement are incorrect as well:
Plaintiff instead alleges that defendants caused him financial loss in advertising revenue. Assuming the truth of this allegation, it relates only to the economic impact on future shows, and has no impact on the market for the original, copyrighted show on October 29, 2007.If it's true that CAIR is some sort of evil terrorist organization, then let the feds deal with it. Don't misuse copyright law to do so. If it's true (as others alleged in the comments) that CAIR uses similar tactics on critics, then let's expose that as well. But, misusing copyright law should never be seen as an acceptable way to shut up an opponent. If truth is on your side, use it. Don't try to shut up opponents by twisting copyright law to your purposes.