Tulsa newspaper fails to count bullets before aiming at local blogger
I've always had a certain fondness for the city of Tulsa, Oklahoma. It has a history tied to the oil and gas industry, like Midland. Its downtown redevelopment success could serve as a model for any community, and it seems smaller than its population of almost 400,000 might suggest. Tulsa citizens seem for the most part to be friendly, competent and easy-going. Which makes me wonder why they deserve a daily newspaper as petty and belligerent as the Tulsa World.
This newspaper has apparently suffered mightily at the hands of a local blogger named Michael Bates, whose blog, BatesLine, frequently writes about the paper's perceived lack of objectivity and other shortcomings. The World (ironic title, isn't it?) has decided to retaliate by siccing its lawyer one of its executives on BatesLine, writing a "cease and desist" letter accusing Bates of violating its copyright by quoting articles from the paper, and of improper linking to its content. The paper threatens Bates with a lawsuit if he doesn't remove all quotes of its material, and all links to its website.
Perhaps the Tulsa World subscribes to the theory that any publicity is good publicity, in which case its ploy is succeeding, perhaps even beyond its wildest dreams. As Bates writes this morning, he's receiving a veritable flood of support from not only the blogosphere but also some traditional media; look for this to continue and expand as word gets out.
This little imbroglio has some rather significant implications for the relationship between old and new media. The World (or "The Whirled," as Bates likes to refer to it) seems to want to extend its copyright well beyond the traditional limits of the fair use doctrine. It also wants to control linkage on the web. Bates, on the other hand, wants the freedom to express his opinions regarding the factual accuracy of what he reads in the paper, as well as his perceptions of some apparent conflicts of interest that affect the paper's coverage of and positions toward certain local issues.
The newspaper may very well be able to build a legal case in support of some of its accusations, although I doubt it. But in doing so, it may also find its credibility damaged beyond repair. It's already become something of a laughingstock in online circles, and I wouldn't be surprised if sometime in the future the foolish and shortsighted leveling of trumped-up accusations against a blogger will be referred to as "being whirled."
Technorati tags: Freedome of Speech | Mainstream Media
Actually, it appears they haven't broken out the lawyers yet -- that letter was from an exec.
I wonder if the exec even talked to counsel before sending it? One would THINK so, but this is the goofy Tulsa World we're talking about.
Posted by: kevin whited at February 16, 2005 09:05 AMKevin, thanks for pointing that out...I improperly extrapolated my own version of how this might play out. I'll correct my post; after all, at least we bloggers can exercise some good judgment and sound editorial practice!
Posted by: Eric at February 16, 2005 09:13 AM"I wouldn't be surprised if sometime in the future the foolish and shortsighted leveling of trumped-up accusations against a blogger will be referred to as 'being whirled.' "
...and if that happens, you heard it here first!! I think the term "SLAPP" covers their actions as well. "The World" hasn't actually sued, but the threat of legal action fits the definition. If Michael Bates continues exposing the paper's bias and inaccuracies, sooner or later it probably will.
It's worth pointing out that a flood of moral support doesn't pay a person's legal fees if they do get sued. A lot of people who got sued by RIAA found that out the hard way.
Posted by: Mr. Freen at February 16, 2005 09:57 AMWhich makes me wonder why they deserve a daily newspaper as petty and belligerent as the Tulsa World
Pretty brave linking to this juggernaut with such slanderous accusations! When they lock you up....I'll contribute to your defense fund!!
Posted by: Wallace-Midland Texas at February 16, 2005 03:36 PMGiven the way this is spreading across the 'sphere, the Whirled will run out of lawyer money well before they find me!
Plus, it's only libel if it's untrue. ;-)
Posted by: Eric at February 16, 2005 03:40 PMAs an Okie from Muskogee, I've been following the story but haven't blogged on it. It seems ludicrous to me, but disturbing if the "Whirled" can make this work.
Posted by: Kelly at February 17, 2005 08:40 PMAbout the publisher
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Me thinks the Tulsa "Whirled" has no idea what kind of critter they just took a big bite of. hehhehee -Spin
Posted by: SpinDaddy at February 16, 2005 08:57 AM