The Strange Case Of Lance Dutson

[Dave_Z]

http://www.webpronews.com/topnews/topnews/wpn-60-20060429TheStrangeCaseOfLanceDutson.html

A Maine-based blogger has been sued for copyright infringement, defamation, and libel for posting complaints about a Maine tourism campaign.

How far does free speech go online? Dutson's role as defendant in a case brought by the creator of a tourism ad campaign for the state of Maine, Warren Kremer Paino, may determine that. Dutson has been a critic of the state government and of the contractors Maine brought in to do this work.

Dutson copied an ad created for a January 2006 presentation made to the state government for the tourism program. The ad was part of a PowerPoint presentation, and is still available on the state's website (hat tip to Publishing 2.0 blogger Scott Karp for pointing to it.)

The firm claims copyright infringement has been committed. It probably did not help that the sample phone number on the ad just happens to connect to the kind of phone service a lonely person might call out of sexual desperation. Or that Dutson made note of that.

The defendant posted about this in his personal blog:

http://www.mainewebreport.com/2006/04/27/state-contractor-files-federal-lawsuit-against-me/

 

[labrocca]

It goes to show that anyone can sue you. Now the blogger will need to spend time and effort defending this.

 

[fonzie_007]

I'm putting my chips on the blogger on this one. Blogger has lots of defenses--free speech and parody. Additionally, the standard for proving libel and defamation is not an easy one to for public figures versus private individuals.

 

[jberryhill]

I personally hope he loses everything he owns in this one.

This is the kind of person he is:

This is supposed to be our biggest industry, but it’s being run like a trailer-park daycare on its 3rd notice from the Human Services people.

The best thing for this prick is that he ends up living in a trailer park on public assistance. I have zero sympathy for him.

 

[fonzie_007]

Our personal hope and the fact he may be an A-hole aside, JBH, what do you think his chances are?

 

[labrocca]

I personally hope he loses everything he owns in this one.

This is the kind of person he is:



The best thing for this prick is that he ends up living in a trailer park on public assistance. I have zero sympathy for him.

All sympathy aside JBH...do you feel the suit against him has any merit? It looks like a tough one for them to win but of course he can spend a lot defending this.

Not sure why you are so offended by the trailer park comment. I lived in a trailer park for a while too...his comment seemed appropriate.

 

[Dave_Z]

Our personal hope and the fact he may be an A-hole aside, JBH, what do you think his chances are?

He he he, he really won't know 'til he sees any and all facts presented. :D

 

[jberryhill]

There are enough legal opinions in the article. I really don't want to wade through this guy's rantings to figure out what his problem is.

I don't think you appreciate how little patience I have for anyone who thinks himself worthy enough to look down upon others.

 

[Jennifer]

he had to think about that before he wrote it... i wonder why he thought it was a good idea to jump so high just to spit so low. it's sad really.

 

[labrocca]

I don't think you appreciate how little patience I have for anyone who thinks himself worthy enough to look down upon others.

I will try to remember that about you JBH.

 

[jberryhill]

Just be sure to distinguish between characterizations of people based on status, in contrast to characterizations of individuals based upon behavior.

 

[bluesman]

Naturally I don't relish the concept of bloggers being hassled by the powers that be, any more than they usually are (I'm also a blogger myself), but I do have to wonder in this case:

Doesn't a dude have to have, like, almost NO stones in order to brag about bashing the tiny state of... Maine?

Geez, I'm really impressed by this guy - maybe he's not done yet, and he might next train his mighty blog powers against another equally dangerous state - could Rhode Island be next? Woah... !!!

 

[fonzie_007]

Just be sure to distinguish between characterizations of people based on status, in contrast to characterizations of individuals based upon behavior.

JBH-
You make a very good point. Your comment has made me think about the judgments I make about people and ensuring that they are made on someone's choices rather than personal situation.

Thanks for the words, JBH. Rep added.

 

[DeluxeNames.com]

There are enough legal opinions in the article. I really don't want to wade through this guy's rantings to figure out what his problem is.
I don't think you appreciate how little patience I have for anyone who thinks himself worthy enough to look down upon others.

I have to disagree with you on this JBH, but totally agree that I also hate to see one person looking down on another. On that part you are absolutly right

But not loosing site of the bigger pictures, it's a case where we need to protect free speech. I've heard much worse than these "trailer park" references but what your forgetting is that it's not the publically accepted speech that needs protection, no one challenges that. It's this questionable free speech that needs our protection.

The fact that the blogger has an attitude doesn't negate the fact that we are the tax payers footing the bill for our state's activites. We need to have the right to speak up and voice our dissent if we believe our tax money is being wasted. These are elected officials and they answer to us the taxpayer. An attempt to silence the blogger is an attempt to stamp out our right to dissent against the decisions of our elected officials.

I'm certainly no lawyer but I am a Government grad student aspiring to be one of those elected officials and I cherish my right to publically oppose those currently in power.

 

[fonzie_007]

Speaking of the ACLU, you may find this article interesting: http://www.startribune.com/561/story/458209.html

Preview:

You can be black, brown, purple, white or any imaginable hue and still get its support for your rights. That's why the organization so frequently rankles many Americans: It has an unerring focus on the freedom at risk rather than the fashion of the day.

But an unfortunate chink has developed in the ACLU's shiny armor: It has been contemplating internal rules that would impose the equivalent of a gag order on the ACLU's own board.

 

[Kenny]

I don't think you appreciate how little patience I have for anyone who thinks himself worthy enough to look down upon others.

Just be sure to distinguish between characterizations of people based on status, in contrast to characterizations of individuals based upon behavior.

Spoken like a true Philly-boy, John.

DeluxeNames, I believe Mr. Berryhill was stating his opinion of this mans character and not his views from a legal standpoint.

 

[Ronald Regging]

I don't think you appreciate how little patience I have for anyone who thinks himself worthy enough to look down upon others.

What do you have against tall people? :hehe:

 

[bluesman]

UPDATE:
Source: Affiliate Blogger .com

Wednesday, May 10th, 2006


BLOGGER WINS, AGENCY FOLDS


Here’s a followup to the Agency Sues Blogger entry from last week.

According to Brad Waller, the blogger who covered the story originally, the idiots at Warren Kremer Paino Advertising , the agency that sued blogger Lance Dutson, have withdrawn their suit after what Lance calls a week of merciless bludgeoning in the media.

Apparently the company has also folded, which doesn’t surprise me, since a marketing company with such a tin ear for public relations can’t be much of a marketing company.

What do you call a couple hundred fewer clueless marketing weenies? A good start.

 

[DeluxeNames.com]

SO GLAD to hear this was the outcome. Good for that blogger! (not supporting his attitude toward poor people, he was wrong to say that stuff).