Al Franken v. Fox News

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So Fox news is suing Al Franken for using the phrase "fair and balanced" in the title of his new book. apparently they copyrighted the phrase awhile back, creating a high point in the history misused mottos. the lawsuit claims that Franken is "unstable" and some sort of a threat to O'Rielly and his merry band of fools. Franken also uses pictures in the book of fox anchors. does anyone think this case has any merit? So far as i can see, only good can come of it. It gives bad press to Fox and promotes Franken's book, which escalated from 88 to 4 on the amazon sellers list! Comments please! On a grander scale, what biases do exist in the mainstream media?

Emilymv (Emilymv), Wednesday, 13 August 2003 16:33 (twenty-two years ago)

Al Franken is one of the funniest guys in the whole world. I always forget about him, since he traffics mainly in books these days. His Rush Limbaugh is a Big Fat Idiot is a classic.

Obv. this sort of thing has been done and done in the US court system, Franken has a long reputation as a satirist and anybody who saw that lame movie about Larry Flynt knows that satire gives you a lot of leeway.

Hahaha, this is what Fox deserves for cancelling Andy Richter Controls the Universe.

Horace Mann (Horace Mann), Wednesday, 13 August 2003 16:37 (twenty-two years ago)

Hahaha, this is what Fox deserves for cancelling Andy Richter Controls the Universe.

Horace is OTM.

Dan Perry (Dan Perry), Wednesday, 13 August 2003 16:39 (twenty-two years ago)

from the Washington Post:

Franken on Suit: What, Me Worry?

(2003-08-13)

Political satirist Al Franken responded yesterday to the lawsuit by Fox News
charging him with trademark infringement over the use of the words "fair and
balanced" in the title of his upcoming book, "Lies and the Lying Liars Who Tell
Them: A Fair and Balanced Look at the Right."

"I normally prefer not to be out of the country on vacation when I'm sued.
However, from everything I know about law regarding satire, I'm not worried,"
Franken said in a statement.

"But I'd like to thank Fox for all the publicity," he added. About 24 hours
before reports of the lawsuit hit the newsstands, Franken's book, due out next
month, ranked No. 489 in sales on Amazon.com. But by about 5 p.m.
yesterday, it had shot up to No. 4.

In the suit, Fox News describes Franken as "unstable," "shrill," "intoxicated"
and "deranged."

"As far as the personal attacks go, when I read 'intoxicated or deranged' and
'shrill and unstable' in their complaint, I thought for a moment I was a Fox
commentator," Franken said.

"And by the way, a few months ago, I trademarked the word 'funny.' So when
Fox calls me 'unfunny,' they're violating my trademark. I am seriously
considering a countersuit."

-- Lisa de Moraes

Horace Mann (Horace Mann), Wednesday, 13 August 2003 16:41 (twenty-two years ago)

Fox is just going to end up losing the case and looking like thin-skinned fules. Which is okay by me, I'm all for anything that further publicizes their idiocy.

Larcole (Nicole), Wednesday, 13 August 2003 16:42 (twenty-two years ago)

"tarnishing the phrase 'fair and balanced'"

Tracer Hand (tracerhand), Wednesday, 13 August 2003 16:45 (twenty-two years ago)

AL Franken is a creepy little man who I find pedantic and utterly blinded by hate. Should he be sued over use of the commercialized psuedo apopthegm "fair and balanced"? Why yes. If for no other reason than he is a skulking litle bastard with a huge chip on his shoulder.

Al Franken is a loud mouth whose tenure on Saturday Night Live could not end too soon. He's only funny to the dolts that read his salacious drivel.

Other than that, I like him.

rudeboy (rudeboy), Wednesday, 13 August 2003 16:47 (twenty-two years ago)

But does he have spider legs?

Larcole (Nicole), Wednesday, 13 August 2003 16:48 (twenty-two years ago)

Has anyone noticed that they have replaced the phrase "suicide bomber" with "homicide bomber" on Fox News-that goes for everyone on the network. I can't figure it out. it isn't even correct! Timothy McVeigh and the unabomber were h. bombers, it makes a relevant difference and i dont think the term glorifies the act.

Emilymv (Emilymv), Wednesday, 13 August 2003 16:48 (twenty-two years ago)

We all have spider legs.

Ned Raggett (Ned), Wednesday, 13 August 2003 16:49 (twenty-two years ago)

Has anyone noticed that they have replaced the phrase "suicide bomber" with "homicide bomber" on Fox News-that goes for everyone on the network. I can't figure it out. it isn't even correct!

That choice came from Fox's Department of Redundancy Department.

amateurist (amateurist), Wednesday, 13 August 2003 16:50 (twenty-two years ago)

"homicide bomber" is/was the Bush admin's favored propaganda phrase - it makes no kind of sense to anyone else, Emilymv, that's why everyone laughed when Ari Fleischer tried to get everyone to start using it - kind of like when you try to get everyone at school to start using some new slang they made up and they're like "shut up, dork!" Fox is like this one kid who uses it all the time in your presence.

Tracer Hand (tracerhand), Wednesday, 13 August 2003 16:58 (twenty-two years ago)

'homibomber'

mark p (Mark P), Wednesday, 13 August 2003 17:00 (twenty-two years ago)

does anyone know what the BushAdmin's object to "suicide" is?

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:04 (twenty-two years ago)

>does anyone know what the BushAdmin's object to "suicide" is?

Their theory was that "suicide" makes one sympathetic to the bomber. Yeah, don't ask me to explain that.

fletrejet, Wednesday, 13 August 2003 17:16 (twenty-two years ago)

DubyAdmin Inc. in facts-to-the-wind-for-favor-of-spin SHOCKAH!!!!!!

nickalicious (nickalicious), Wednesday, 13 August 2003 17:18 (twenty-two years ago)

the problem w/that is that the word "homicide" calls attention to itself as being redundant and a kind of place-holder. if it were just a bomb they would just be called "bombers." what's laughable is not so much the ideological intent but how ineffectual a phrase it is.

amateurist (amateurist), Wednesday, 13 August 2003 17:18 (twenty-two years ago)

why not just say "people killer"

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:19 (twenty-two years ago)

Or call them "fluffer-nutters".

Dan Perry (Dan Perry), Wednesday, 13 August 2003 17:21 (twenty-two years ago)

>In the suit, Fox News describes Franken
> as "unstable," "shrill," "intoxicated"
>and "deranged."

This is after O'Reilly, who got in a spat with Franken at some press event, expressed the desire to kill Al Franken (really!).

fletrejet, Wednesday, 13 August 2003 17:21 (twenty-two years ago)

i know little-to-nothing about copyright and trademark law. so i can't say definitively that, from a legal standpoint, the fox suit is completely frivolous. it might very well be, but i dunno.

some of their arguments that have been made public -- that Franken is "not a serious commentator" (as compared to O'Reilly? Hannity? Coulter?) -- are laughable, though.

Tad (llamasfur), Wednesday, 13 August 2003 17:22 (twenty-two years ago)

well, to be thunderingly obvious, he *is* a comic, and they aren't.

amateurist (amateurist), Wednesday, 13 August 2003 17:23 (twenty-two years ago)

is it typical to engage in that much character-assassination--sorry, character-homicide-bombing--in the wording of a suit?

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:25 (twenty-two years ago)

you should see some of the things that get said in divorce or separation cases!

Tad (llamasfur), Wednesday, 13 August 2003 17:27 (twenty-two years ago)

I saw something the other day about pundits for the left attacking the right through satire-based messages to counter the right attacking the left with outrage-based messages.

Of course I doubt there were any high-level meetings that actually decided this. I think it's interesting that on one side you've got Rush and O'Reily with their schtick vs the Daily Show and Al Franken with theirs.

Has anyone else seen this?

Dale the Titled (cprek), Wednesday, 13 August 2003 17:27 (twenty-two years ago)

I'd like to see it.

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:29 (twenty-two years ago)

I like the idea of a bunch of executives calmly sitting around devising an "outrage-based" plan.

amateurist (amateurist), Wednesday, 13 August 2003 17:29 (twenty-two years ago)

both forms appeal more to emotion than reason. I mean laughing is an emotion, right? RIGHT???

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:30 (twenty-two years ago)

Absolutely, they're both emotion based appeals.

Dale the Titled (cprek), Wednesday, 13 August 2003 17:31 (twenty-two years ago)

I dunno, I think most political humor has an important intellectual dimension. I mean, it's often knee-jerk, but I think the substance is intellectual.

amateurist (amateurist), Wednesday, 13 August 2003 17:32 (twenty-two years ago)

Franken can pretty much do no wrong as far as I'm concerned, and a giant, messy pox on the houses of Fox News, Bill O'Riley and Ann Coulter.

I mean laughing is an emotion, right? RIGHT???

No, laughing is an emotional response.

Alex in NYC (vassifer), Wednesday, 13 August 2003 17:33 (twenty-two years ago)

touché

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:34 (twenty-two years ago)

AC was pretty hot when she wore her eyepatch though. But maybe I'm just sick like Bill Maher, and don't mind right-wing lunatics so long as they're leggy and blonde.

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:35 (twenty-two years ago)

I'm embarrassed for Bill Maher. He's clueless and he only survives as such a smug asshole because he either surrounds himself with even bigger idiots or shames people into talking down.

amateurist (amateurist), Wednesday, 13 August 2003 17:37 (twenty-two years ago)

One time, I was flipping channels and saw him taking his shirt off on a Murder, She Wrote rerun.
Is he doing anything these days?

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:38 (twenty-two years ago)

I mean he made his name by sometimes seeming the most politically astute person in a room full of C-list celebrities!

amateurist (amateurist), Wednesday, 13 August 2003 17:42 (twenty-two years ago)

Bill Maher had a special on HBO that was actually pretty good, although he sometimes ventures an opinion that makes me cringe. Also, his show on HBO is much better than PI. I give him credit for entertaining a wider range of opinions than you can find on cable news.

Kerry (dymaxia), Wednesday, 13 August 2003 17:43 (twenty-two years ago)

I agree in theory, but I find him unwatchable.

amateurist (amateurist), Wednesday, 13 August 2003 17:45 (twenty-two years ago)

"And tonight, Corey Haim squares off against Corey Feldman on the issue of tax reform..."

Horace Mann (Horace Mann), Wednesday, 13 August 2003 17:46 (twenty-two years ago)

is the outrage based plan in any way related to the faith based initiatives? Bill Maher took his shirt off???!! Foul!

Emilymv (Emilymv), Wednesday, 13 August 2003 17:46 (twenty-two years ago)

Rush Limbaugh Is a Big Fat Idiot was pretty damn funny......and accurate.

Alex in NYC (vassifer), Wednesday, 13 August 2003 17:50 (twenty-two years ago)

Moreover, fine....call Al Franken "hateful," but I'd suggest his alleged hatred is perfectly justified. It's a normal human response to hate the knee-jerk conservative replicants in Republican Party.

Alex in NYC (vassifer), Wednesday, 13 August 2003 17:51 (twenty-two years ago)

I'd assumed they were just suing to protect the trademark (to keep a trademark I believe you have to prove that you've defended it) however, the language of the court documents suggests the response is pretty emotional.

s1utsky (slutsky), Wednesday, 13 August 2003 17:56 (twenty-two years ago)

I wanna read this book .

Kerry (dymaxia), Wednesday, 13 August 2003 17:57 (twenty-two years ago)

Rush Limburger! That's a comic milestone!

s1utsky (slutsky), Wednesday, 13 August 2003 18:00 (twenty-two years ago)

See, the point is that "Limburger" is a kind of cheese!

amateurist (amateurist), Wednesday, 13 August 2003 18:01 (twenty-two years ago)

Oh. Really?

s1utsky (slutsky), Wednesday, 13 August 2003 18:02 (twenty-two years ago)

i prefer to call him Rush Limpblob or Fat Fuck.

Tad (llamasfur), Wednesday, 13 August 2003 18:09 (twenty-two years ago)

2 of 5 people found the following review helpful:

I am very disappointed in this book!, April 3, 1997
Reviewer: A reader

With the possible exception of "Rush Limbaugh is a big fatidiot and other observations," this is the most mean spiritedbook ever written in
the English language!

Horace Mann (Horace Mann), Wednesday, 13 August 2003 18:10 (twenty-two years ago)

what sort of hothouse flower would find al franken "mean-spirited"? and do they also find the fecal material-on-printed pages that is yer typical coulter/o'reilly/hannity/limpblob screed "mean-spirited"? if they do, then fine -- though i think that they should read books about needlepoint instead of politics if they're so easily offended. if not, they're wingnut freeper-trash, deserve to have Alex in NYC declare fatwa against their miserable existence and torment them with a visit to their homes so that he can unleash a torrent of Alex in NYC abuse on their fascist asses.

Tad (llamasfur), Wednesday, 13 August 2003 18:14 (twenty-two years ago)

Moreover, fine....call Al Franken "hateful,"

Sorry Alex, I trademarked "moreover" during my lunch hour today. Perhaps you'd like to make another selection from the following:

1. In addition
2. Furthermore
3. Besides

rudeboy (rudeboy), Wednesday, 13 August 2003 20:20 (twenty-two years ago)

I have trademarked every letter used in this post, so you all owe me buckets and buckets of money.

Dan Perry (Dan Perry), Wednesday, 13 August 2003 20:35 (twenty-two years ago)

i've trademarked posting and reading. consider yerself sued¡

dyson (dyson), Wednesday, 13 August 2003 20:37 (twenty-two years ago)

CONSIDER YOURSELF SUEDE!

Dan Perry (Dan Perry), Wednesday, 13 August 2003 20:38 (twenty-two years ago)

What does it take to turn you OWAH-ONNNNNNNNNNNNNNNNNNN...

http://imagesource.allposters.com/images/30/024_aa471.jpg

Ned Raggett (Ned), Wednesday, 13 August 2003 20:41 (twenty-two years ago)

This is making me blue.

rudeboy (rudeboy), Wednesday, 13 August 2003 21:11 (twenty-two years ago)

My lawyers have been notified.

suede, Thursday, 14 August 2003 00:36 (twenty-two years ago)

This link will take you to the C-SPAN/BookTV archive site, containing the delightful hour and a half 'debate' between Franken and O'Reilly and Ivins ... and 'moderated' by Pa Schroeder. I don't know the timestamps for the beginning of the better name-calling and accusations but it's somewhere after the first 20 minutes or so (but I think you should listen to/watch the whole thing, as it really is excellent).

http://video.C-SPAN.org:8080/ramgen/ndrive/btv053103_4.rm?start=4:16:18&end=5:45:37

I'm Passing Open Windows (Ms Laura), Thursday, 14 August 2003 03:33 (twenty-two years ago)

This link will take you to the C-SPAN/BookTV archive site, containing the delightful hour and a half 'debate' between Franken and O'Reilly and Ivins ... and 'moderated' by Pat Schroeder. I don't know the timestamps for the beginning of the better name-calling and accusations but it's somewhere after the first 20 minutes or so (but I think you should listen to/watch the whole thing, as it really is excellent).

http://video.C-SPAN.org:8080/ramgen/ndrive/btv053103_4.rm?start=4:16:18&end=5:45:37

I'm Passing Open Windows (Ms Laura), Thursday, 14 August 2003 03:33 (twenty-two years ago)

From today's NY Times Op-Ed page:


OP-ED CONTRIBUTOR
Paul Newman Is Still HUD
By PAUL NEWMAN


The Fox News Network is suing Al Franken, the political satirist, for using the phrase "fair and balanced" in the title of his new book. In claiming trademark violation, Fox sets a noble example for standing firm against whatever.

Unreliable sources report that the Fox suit has inspired Paul Newman, the actor, to file a similar suit in federal court against the Department of Housing and Urban Development, commonly called HUD. Mr. Newman claims piracy of personality and copycat infringement.

In the 1963 film "HUD," for which Mr. Newman was nominated for an Academy Award, the ad campaign was based on the slogan, "Paul Newman is HUD." Mr. Newman claims that the Department of Housing and Urban Development, called HUD, is a fair and balanced institution and that some of its decency and respectability has unfairly rubbed off on his movie character, diluting the rotten, self-important, free-trade, corrupt conservative image that Mr. Newman worked so hard to project in the film. His suit claims that this "innocence by association" has hurt his feelings plus residuals.

A coalition of the willing — i.e., the Bratwurst Asphalt Company and the Ypsilanti Hot Dog and Bean Shop — has been pushed forward and is prepared to label its products "fair and balanced," knowing that Fox News will sue and that its newscasters will be so tied up with subpoenas they will only be able to broadcast from the courtroom, where they will be seen tearing their hair and whining, looking anything but fair and balanced, which would certainly be jolly good sport all around.

Paul Newman, an actor, is chief executive of Salad King.

Aaron W (Aaron W), Tuesday, 19 August 2003 13:36 (twenty-two years ago)

really, i expected more from the fine folks at the Ypsilanti Hot Dog & Bean Shop.

And I was going to dine there today, too!

Kingfish (Kingfish), Tuesday, 19 August 2003 14:50 (twenty-two years ago)

Heh. That's the best part, innit?

Aaron W (Aaron W), Tuesday, 19 August 2003 14:52 (twenty-two years ago)

News Corp is a pretty funny company, they just give the people what they want.

On the news channels, people want to see some bulldogs yell at each other and complain, meanwhile on the network they are coming up with quasi-softcore porn for dollars. Same audience, different part of the cranium I suppose.

That line from The Simpsons where Marge states that "not remembering when Fox became a hardcore porn channel" is probably more telling than anything.

earlnash, Tuesday, 19 August 2003 15:27 (twenty-two years ago)

That clip pretty much rules.

ModJ, Tuesday, 19 August 2003 16:05 (twenty-two years ago)


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