ONTD Political

Gawker loses round with Sarah Palin

7:33 pm - 11/20/2010


By MIKE ALLEN | 11/20/10 7:03 PM EST

A federal judge on Saturday ordered the website Gawker to pull down unauthorized excerpts from Sarah Palin’s forthcoming book, “America By Heart,” until a hearing scheduled for Nov. 30.

On Saturday evening, the link was broken to Gawker’s scoop, “Sarah Palin’s New Book: Leaked Excerpts,” which included 14 images of partial pages from the book, scheduled for publication Tuesday.

A two-page order signed Saturday by U.S. District Judge Thomas P. Griesa, who sits in Manhattan, says: “Gawker is temporarily retrained and enjoined from continuing to distribute, publish or otherwise transmit pages" of the book.

See the order here.

POLITICO has asked Gawker for a comment about the judge’s order, and will add it.

On Tuesday, the former Alaska governor begins a book tour of 16 heartland cities. The book, "America by Heart : Reflections on Family, Faith, and Flag," is described by her publisher, Harper Collins, as "an intimate and personal look at the woman behind the public servant," including "selections from classic and contemporary readings that have moved her-from the nation’s founding documents to great speeches, sermons, letters, literature and poetry, biography, and even some of her favorite songs and movies."

Palin's previous book, "Going Rogue: An American Life," was a #1 best-seller. Her new book comes as speculation increases about the possibility she will run for president in 2012. She told The New York Times Magazine that she was "engaged in the internal deliberations" about a race. When asked by ABC's Barbara Walters whether she could beat President Barack Obama, Palin replied: "I believe so."

HarperCollins said in a statement after the judge's ruling that on Friday, “HarperCollins sued Gawker for copyright infringement after Gawker posted several pages from Sarah Palin's as-yet unpublished book, America by Heart, on its website. [On Saturday], Judge Thomas Griesa of the U. S. District Court for the Southern District of New York issued a temporary restraining order prohibiting Gawker from posting pages of the book pending a hearing on HarperCollins' motion for a preliminary injunction, to be held on November 30.”

Harper Collins had announced the litigation in an earlier statement: “We believe that the reprinting of pages from Gov. Palin's book without permission constitutes a blatant infringement of copyright. HarperCollins sent a cease and desist letter to Gawker, which was ignored. Accordingly, HarperCollins has filed a lawsuit in federal court in New York to stop the infringement and to protect our legal rights in the content of the book.”

The disputed Gawker post began: “Well, look what popped up five days early: leaks from Sarah Palin's forthcoming memoir/manifesto, America By Heart, in which the reality TV matriarch rants against ‘talent deprived’ reality TV stars, lauds daughter Bristol's chastity, and celebrates not aborting Trig. … The book is currently in distribution centers, awaiting its official release on Tuesday. We got our hands on some of the pages … Here's an annotated guide to our favorite parts, featuring rants against the media and new material about Bristol and Levi.”

Gawker later taunted Palin in a post titled, “Sarah Palin Is Mad at Us for Leaking Pages From Her Book”.

“Did you catch the excerpt we posted yesterday from Sarah Palin's new book? Sarah did. She tweets with rage: ‘The publishing world is LEAKING out-of-context excerpts of my book w/out my permission? Isn't that illegal?’ [Sarah: If you're reading this — and if you are, welcome! — you may want to take a moment to familiarize yourself with the law … ].”

Gawker showed the dedication page, which says “For Trig: I’m glad you’re here.” The page also quotes Thomas Paine, “Founding Father,” as saying: “If there must be trouble, let it be in my day, that my child may have peace.”

SOURCE POLITICO

however, BoingBoing notes that excerpts are still up on pro-Palin conservative sites and Harper Collins has not moved against them.

Rob Beschizza at 6:20 PM Saturday, Nov 20, 2010

Gawker received, published and criticized excerpts from Sarah Palin's new book, America By Heart. Though a perfect example of fair use (a limitation on copyright that explicitly allows for reportage and criticism) her publisher has other ideas.

Even after Palin publicized leaked excerpts at supporters' sites, HarperCollins filed a copyright lawsuit against Gawker yesterday. U.S. District Judge Thomas P. Griesa ordered Gawker to remove the passages today, despite the small size of the excerpts and writer Maureen O'Connor's substantial fair-usey criticisms.

Gawker complied. Google's cache, however, republishes the post in full.

It seems shrill to suggest that HarperCollins would have done this to get rid of Gawker's deflating pre-publication criticisms. Its toleration of identical 'infringements' in Palin-friendly venues can speak for itself.

SOURCE BoingBoing
layweed 21st-Nov-2010 03:48 am (UTC)
Huh? She's releasing another book?
eugeniedfranval 21st-Nov-2010 03:50 am (UTC)
yes. another one.
24_24_1_1526 another book? no. no. please god no.21st-Nov-2010 03:51 am (UTC)
i thought this time of year was meant feel good tales, not horror stories.
superfan1 Re: another book? no. no. please god no.21st-Nov-2010 04:49 am (UTC)
Horror comedy maybe?
24_24_1_1526 Re: another book? no. no. please god no.21st-Nov-2010 04:51 am (UTC)
either way, i'd have to claw my eyes out if i read it.
juliet316 21st-Nov-2010 03:54 am (UTC)
Not terribly surprised that this would happen. The bad thing for Palin's reps is that the genie is already out of the bottle so to speak.
calidreamin08 21st-Nov-2010 04:15 am (UTC)
why can she have the same reaction as to a leak as stephenie meyer?
rex_dart 21st-Nov-2010 04:18 am (UTC)
Because you can't throw a tantrum and quit your job twice.
lestat 21st-Nov-2010 04:48 am (UTC)
Is that the cute but dead pilot guy from Interstella 5555 being cosplayed in your icon?
rex_dart 21st-Nov-2010 04:57 am (UTC)
Yep! The gf and I did Stella and Shep costumes recently.
celtic_thistle 21st-Nov-2010 05:00 am (UTC)
ADORABLE. <3
roseofjuly 21st-Nov-2010 07:25 am (UTC)
This is amazing!

AMAZING. Every time I look at it I am struck more by how cool it is, lol.

Edited at 2010-11-21 07:25 am (UTC)
apocalypsos 21st-Nov-2010 04:20 am (UTC)
“For Trig: I’m glad you’re here.”

This was edited down when the publisher suggested that maybe Palin really DIDN'T want to add, "As for you other four kids, why can't you be more of a prop for smug self-congratulatory back-patting like your little brother?"
celtic_thistle 21st-Nov-2010 05:01 am (UTC)
lmao

She really is too much.
roseofjuly 21st-Nov-2010 07:26 am (UTC)
Well, Bristol was kind of there until she started doing shit like Dancing with the Stars.
jiaren_shadow 21st-Nov-2010 06:03 pm (UTC)
I feel so bad for that kid. Not because of his disability, but how his mom thinks of him as nothing more than a cute little prop she can trot out when it's politically opportune for her.
antiotter 21st-Nov-2010 04:21 am (UTC)
I know being Governor of Facebook is hard work, but I'd think she'd at least heard of "Fair Use" by now.
luvlorn 21st-Nov-2010 03:55 pm (UTC)
lol Governor of Facebook.
chaya 21st-Nov-2010 07:05 pm (UTC)
Seriously. The entire book is going to be pdf'd before long.
keeperofthekeys 21st-Nov-2010 04:26 am (UTC)
O.o that tag is making the rounds tonight
roseofjuly 21st-Nov-2010 07:26 am (UTC)
You actually think she can write?
antiotter 21st-Nov-2010 08:40 am (UTC)
She wasn't even smart enough to hire a GOOD ghost writer last time. The idiot attributed a quote about "fighting for your land" from Chief John Wooden Legs, to UCLA basketball coach John Wooden. Why on earth a basketball coach would be talking about that never dawned on either one of them.

Bonus fail: in context, it was about Native Americans defeating the U.S. Cavalry
xerox78 21st-Nov-2010 05:35 am (UTC)
OT: She looks like a turtle in that photo. [/superficial comment]
antiotter 21st-Nov-2010 08:45 am (UTC)
She is an embodiment of the post turtle
kseda 21st-Nov-2010 02:22 pm (UTC)
I have learned a new expression and I am pleased by it.
erunamiryene 21st-Nov-2010 06:16 am (UTC)
You'd think she'd just be happy her dumb ass was getting MORE press. Cause she doesn't already get enough or something.
hinoema WTF just happened, ONTD_P?21st-Nov-2010 06:33 am (UTC)
I'm in the middle of reading an article about the arguable necessity of college core subjects, I go to work, log on again and it's gone! If something like that was deleted in favor of drivel about Palin and Biden's birthday, imma gonna hafta smack a com, I swear. I was reading that, dammit! Can someone please put it back?
hinoema Re: WTF just happened, ONTD_P?21st-Nov-2010 06:35 am (UTC)
So of course, now it's visible. Bizarre. I swear to any god, it wasn't there for a minute. *takes meds*
eugeniedfranval Re: WTF just happened, ONTD_P?21st-Nov-2010 06:47 am (UTC)
yeah, thanks for your support of this story. appreciated. since it's really about a publishing company selectively going after leaked excerpts of a "book" to support the agenda of a dangerous political charlatan who might actually run for the presidency in 2012.

hinoema Re: WTF just happened, ONTD_P?21st-Nov-2010 07:19 am (UTC)
Shh, I'm not done reading this one yet.
roseofjuly 21st-Nov-2010 07:27 am (UTC)
Are cities in the Midwest the only place you can find family, faith, and flag in America? Are the people who live in Los Angeles or New York, or Atlanta or Phoenix or Houston or Miami or Bumfuck, Maine some kind of soulless, family-less, faith-less, unpatriotic aliens?

Also, can "For Trig: I'm Glad You're Here" be any more politicized? You would think she could write a heartfelt dedication to her youngest son without putting barely veiled anti-abortion sentiments into it.
homasse 21st-Nov-2010 07:54 am (UTC)
Are cities in the Midwest the only place you can find family, faith, and flag in America? Are the people who live in Los Angeles or New York, or Atlanta or Phoenix or Houston or Miami or Bumfuck, Maine some kind of soulless, family-less, faith-less, unpatriotic aliens?

In the Republican mindset, yes. Because anyone who does not vote for them is clearly not a real American and is only out to destroy America.

Edited at 2010-11-21 07:55 am (UTC)
antiotter 21st-Nov-2010 08:50 am (UTC)
And think you're better than the rest of the country is totally not elitist. Only smug, sneering big-city liberals can be elitist.
filbypott 21st-Nov-2010 03:10 pm (UTC)
Are cities in the Midwest the only place you can find family, faith, and flag in America? Are the people who live in Los Angeles or New York, or Atlanta or Phoenix or Houston or Miami or Bumfuck, Maine some kind of soulless, family-less, faith-less, unpatriotic aliens?

Yes. We covered this in the '08 elections. Everything that isn't on the East or West Coasts is, in Ms. Palin's words, "the pro-America parts of the country".
iluvhistory 21st-Nov-2010 07:30 pm (UTC)
How much more west coast can you get than Alaska?
beoweasel 21st-Nov-2010 07:01 pm (UTC)
Hey, I lived in Bumfuck, Maine.

It was a really pleasant place.
hinoema Hmmm.21st-Nov-2010 07:44 am (UTC)
So, apparently the judge doesn't seem to think that the use of the material falls under the provisions of fair use. Well, if Gawker can provide evidence that the sites currently still using material excerpts have a similar or greater quantity of the material, they should be able to prove that it is fair use rather easily.

Being privileged or otherwise famous is no exemption to having to honor fair use provisions, right, Ms. Rowling Palin?
blackjedii 21st-Nov-2010 12:26 pm (UTC)
the woman behind the public servant,"
BAHAHHAHAHAHA!

AHAHAHAHA!!

HAAAAH!

....whew, that was a good laugh
outburst 21st-Nov-2010 03:33 pm (UTC)
It's Sarah Palin, so I say the whole contents of the book should be posted online. Using all that paper to print the book surely isn't worth it.
jiaren_shadow 21st-Nov-2010 06:05 pm (UTC)
No trees should have to die to spread her bullshit. I'm waiting for the Ents to come stomping over to her house in revenge for using their comrades for the purposes of evil.
dreadfulpenny00 22nd-Nov-2010 01:29 am (UTC)
On one hand, I crack up laughing every time someone posts something about Palin in this comm and everyone goes batshit crazy over it. PDS in full effect!

On the other hand, Palin's a nut and there's no way I'd ever vote for her as President, not just because she displays the intelligence of a raisin but because she quit her job as Governor to be a celebrity. That AND her general attitude is enough for me to deny her keys to the White House and access to that creepy red phone, if you know what I mean.
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