Well folks, this Trout Point thing has really rattled some cages.

My web host has disabled the new site after they received the following complaint from lawyers representing the Times Picayune.

——– Original Message ——–
Subject: RE: Copyright Claim
From: “Gaynor, Steven A.”
Date: Tue, April 12, 2011 12:06 pm
To: “Wild West Domains Copyright Claims Dept.” [email protected]

Copyright Agent
Wild West
14455 N. Hayden Road, Suite 219
Scottsdale, AZ 85260

Re: Infringement of Intellectual Property Rights

Dear Sir or Madam:

We represent the corporate parent of The Times-Picayune, LLC, publisher of The Times-Picayune, and New OrleansNet LLC, publisher and operator of www.nola.com.

It has come to our attention that you are the host of a blog, slabbed.org, to which a comment has been posted containing, among other content, the text of an article copied from the entities above. (A copy of the original article is attached hereto.) The comment containing the infringing content was posted by user “telemachus” on February 16, 2011, at 4:21pm, and is located at the following URL:

http://slabbed.org/2011/02/15/john-young-fire-3-unqualified-paralegals-finally-where-the-heck-was-peggy-barton-and-her-blowbuddy-lil-pup-this-whole-time/comment-page-1/#comment-7786

The Times-Picayune, LLC and New OrleansNet LLC have the exclusive right to publish the text appearing in paragraphs 2 through 12 of this comment. I have a good faith belief that this use of the text is not authorized by the copyright owner, its agent, or by operation of law.

As the host of slabbed.org, Wild West is responsible for the websites residing on its network. Accordingly, I hereby request that paragraphs 2 through 12 of the above-referenced comment be removed from slabbed.org immediately.

The information in this notification is accurate. I swear under penalty of perjury that I am authorized to act on behalf of the owner of the copyright interests involved.

Very truly yours

/s/ Steven A. Gaynor

Steven A. Gaynor, Esq.
Sabin, Bermant & Gould LLP
Four Times Square
New York, NY 10036-6526

Tel: 212-381-7072 Fax: 212-381-7201

[email protected]

CONFIDENTIALITY NOTICE: This e-mail may contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient of this e-mail, please notify the sender immediately by return e-mail, purge it and do not disseminate or copy it.

They sent me a clue as to the content they found offensive but the link they sent does not work but I figured it out anyway. While I work to rectify this problem feel free to comment away here on the old site.

sop

24 thoughts on “Well folks, this Trout Point thing has really rattled some cages.”

  1. I suggest you re-name this blog SLAPPED, as such lawsuits are all the rage these days amongst the Corporate Free Speech Club.
    I wonder why you can’t simply cut the offending copy and put a link in tele’s comment to the source article.
    I don’t want to cite the company out west that does this for fear of drawing their aggregator eye, but searching for this very copyright infringement online is all they do 24 hr/day.

  2. The article was retracted by the Picayune which is why this is a sore spot for them. I think the use of it in Telemachus’ comment is covered under The Fair Use excption. I was warned about that company out west. I’ll tackle that when the time is right.

    In any event we’ll see how long it takes to untangle the mess.

    sop

  3. This is total BS and shows the heavyhandedness of the TP. They are thugs who want only to advance their own agenda and silence anyone not in lockstep with them. Hey, TP, take this –

    Fair use is

  4. Once Godaddy makes a determination there is no appealing their decision under the terms of service. That said Triangle Publications v Knight Ridder provides the legal template and the Slabbed legal team is convinced this is complete bullshit.

    By their very policy Godaddy has inserted themselves into this as they made an editorial decisions for Slabbed unilaterally and without advance consultation.

    I am still trying to work within the system to fix this. At worst I’ll have lost 10 days or so of posts. This is not the end of the world by any stretch.

    sop

  5. Freakin TP is again protecting those privileged connected people who enjoy their public life styles but who also want to dictate what one can comment on at http://www.nola.com concerning their public corrupt activities. If any slabbed readers still have a TP subscription now is a good time to drop it but then call the circulation manager and tell him why to send your message. TP your freakin problem is you, like the Bircher family fockers, have a monopoly.A little journalistic competition will straight your ass out nicely.

  6. I’ll add that at no point did the Times Picayune contact me with their concerns preferring instead to complain straight to the host of the new site.

    Google finds Slabbed no matter whom we’re hosting with and if I have to come back to wordpress to drive the wooden stakes in then I have no problem doing that.

    sop

  7. While we are on the topic of Trout Pt Lodge. This month’s issue of Men’s Journal names them as one of the top ten out of the way luxury destinations. The PR machine is really working overtime.

  8. I intended to cancel my subscription after they endorsed Roberts and Capella but this pushes me over the edge. The TP is a farce, a carciture of a newspaper. The BR Morning Advocate is much more a paper than TP whether you agree with eithers editorial content or not. I was at a crawfish biol this weekend and I had to comment “finally, a good use for the TP”.

  9. I am consulting with the legal team as we speak. If I can get a commitment for legal representation then I’ll fight this tooth and nail. The use of excerpts from that old T-P story clearly fits within the Fair Use exception of the copyright laws given the subject matter.

    I’m waiting for the good word and I’ll be posting my course of action once I hear back.

    sop

    1. Nope, it is past that point Ashton. This has come up just a few times over the past 3 years and I’ve always been contacted and with one exception the people citing copyright have been willing to listen.

      My options with Godaddy are 1, edit the offending comment on Slabbed.org or 2 fight it and the new site will be down at least 10 business days, maybe more.

      I can tell you this, the T-P has unleashed a chain of events for which they will live to regret.

      sop

  10. Carnac, the mystic soothe sayer from the far east, has been called via cell phone in an emergency situation to dismount his camel immediately to answer a question contained in this pneumatically sealed envelope and kept in a mayonnaise jar on Funk and Wagnall’s porch under armed guard since noon yesterday………..

    Carnac, I hereby give you this emergency envelope of utmost concern of journalistic readers in the New Orleans area for you to give the answer to a question not seen with human eyes since noon……

    Carnac, holding up the envelope to his head, shrouded with satin and flowing feathers, calls for absolute quiet, tells Clyde his camel to stop humping his right leg, then with authority and conviction of his ESP cognitive abilities announces the answer…….. ” A corn cob, two tiny tea leaves or the entire Times-Picayune “.

    ” A corn cob, two tiny tea leaves or the entire Times-Picayune “.

    Carnac, now opening the envelope reads the emergency question….”Name 3 ways you tell the owners of TP to wipe their asses after a false accusation of Infringement of Intellectual Crap “.

  11. Is this some sort of tactic often used by the resourceful print media to financially cripple its independently operated blog competitors?

    1. According to Godaddy their hands are tied. I don’t quite believe that but if we assume they are indeed tied then this is actually a very effective tactic at shutting down independent media sources. Godaddy pulled the plug with no warning and left me charged with trying to figure out why.

      Left with little choice I agreed to delete the content on Slabbed.org so I can get control of my blog back. I will not be deleting the content here and in fact we’re going to examine not only the retracted story in detail but the players involved including Danny Abel, Charles Leary, Vaughn Peret and their Trout Point Lodge.

      The Times Picayune rolled over and played dead on this. We’re not.

      sop

  12. OOOOOOOOOOoooooowwwwwweeee WOW for a minute I thought it was my computer’s battery, not being high up enough in the rainforest or the Wifi connection at the Banana Daiquiri Cafe’. Last week on the readers’ choice post page I recommended Slabbed do some investigation into the picayune’s ongoing censorship on its website. I’m overjoyed as it looks like that ‘s going to be the hot pick this week. Posting on ole faithful WordPress from Guatemala near volcano Attilan.OOOO OOOOooooooooowwweeee

  13. Sorry about being dense on this issue but do I understand that just because the Times-Picayune caved on the Trout Point story , anyone who has a copy has to destroy it so it never again sees the light of day?

    I imagine then that the TP retraction agreement should have included a clause requiring the TP to go out and collect every copy delivered to every subscriber. Other than that I don’t see how Trout Point or the TP can expect to cherry-pick against whom they take a Legal Slap.

    Also am I to understand that the TP is acting as the ‘agent’ for Trout Point now by putting the TP motherstation in orbit around the globe to determine if the TP article – in- question is being quoted anywhere in the Web World? Oh my, quite the daunting task.

    So , theoretically, if I say ” Didn’t the TP print an article about Aaron Broussard’s involvement with Trout Point including some type of ownership issue ?” can I expect to hear from some Brown Shirts representing the TP representing the Trout Point Principals ?

    Oh my , what a tangled web we weave when first we endeavor to deceive.

    Welcome to Slabbed Danny and Carlie and Charlie and Vaughnie and any of you other Special Guys of Trout Point and Wild West.

    Now I am VERY curious and inquisitive about you…and ALL your BUDS.

    May I suggest BOYS that you all huddle quickly and decide if the Inquisition sure to follow continued attempts to GAG the Slabbed Nation is worth the information which will be elicted in protracted legal battles on all continents. Please remember that many of us enjoy Dual Nationalities, Counsulate Immunities, and have LONG REACHING tentacles … perhaps longer than yours , although size is not really that important unless you are on the receiving end.

    If I were you BOYS I would keep my head down, not bend over to pick up the soap and ride my horses into the sunset on Brokeback Mountain.

    I, one Slabbed Nation member, vow to search you all out to the ends of the earth ( Yes in Switzerland, Hawaii, France, Italy, Canada) anywhere any of you have any connections.

    I have the time, temperament and now the impetus to set myself to this task. Hold on, it may be a bumpy ride for some of you.

    See ya soon, Cowboys.

  14. OK, the new site has been unlocked. I exported the April posts and re-imported them here. Godaddy is limp wristed and this fact was exploited today by the Picayune. Until I can find a host that works with its clients proactively I’ll be based here on WordPress. Sorry for the confusion but if the T-P wants a war I gotta be able to fight it without worrying if my web host will pull the rug out from under me.

    sop

  15. Val: Tell me about your properties in Canada. You’re businesses in Canada. What do they do? What are they?
    25:00
    Again, I’ve disclosed those on my Ethics Report. My ownership and they’re rental properties.
    Val: Is it a bed and breakfast type, hotel type business?
    25:10
    It’s basically connected to a major lodge and I have rental properties connected to that.
    Val: And how many properties do you have?
    AB: I have a total of three that I have invested in. And when did you invest in those? Oh, gee, it’s been over a period of the last 10 or so.
    Val: and you have 100% ownership in one of them and 33% ownership in another is that correct?
    AB: that’s correct
    25:34
    Val: Who owns the, the one that you have the 33 percent ownership in, who are the other owners? One of them is one of my law associates in the law firm and the other is an attorney. And is it an attorney that does work with the parish? No. Can you say who it is? I’d rather not because that would be unfair to him. It’s a private venture.
    26:03
    How did you come to acquire them? They’re in Canada, not rental property in the Metro area? Well basically I had a long time friend an associate that had moved to Canada with a business basically developing gourmet food product and as a result of that they invested in some property in which they built a lodge facility. Adjacent to where they were, properties that were available for sale so as a result of that I built two properties that were rental and there was one that I own a third of.
    27:30
    Have any parish contractors visited you property, stayed there? Not have stayed in my property. So have any parish contractors that you know of spent any money that you would have had any financial interest in? The properties that I own. I own 100 percent of, on two properties and the third property is the one that I mentioned to you, which is co-owned by one of my associates and another attorney.
    30:03
    Do you solicit, or kind advertise your business verbally or in print, or in any other way in JP? No. It’s basically done through the website.
    32:25
    A lot of JP voters want you investigated extensively. Whether it be by the federal ogv’t, the state ethics board. DO you think that needs to happen for transparency issues? Listen, I’m a public servant. I file my disclosures, some of which you’ve quoted from that we’ve already discussed. And so I have disclosures that I have to make regarding what I own and how I own it, so there’s an ongoing opportunity to take any disclosure that I make and research it as a public official you would expect that any time you could be presented with a question or a query.
    32:26
    Would you be willing to open the books, without any privileged info, perhaps a client list or other info. on your properties in Canada. In Nova Scotia? I’ve disclosed them… would you be willing to release anymore details? I don’t think there’s anything more to release. I’ve stated my ownership interest and I’ve disclosed that. I don’t know what else there could be to release, other than that I own the property. And you’re sure that no parish contractors have ever stayed at your properties? I don’t know of any parish contractors that have stayed at my properties. Any former parish contractors? I don’t have a former contractors who have stayed at those proerties.25:00
    I’ve disclosed those on my Ethics Report. They’re rental properties.
    25:10
    It’s basically connected to a major lodge and I have rental properties connected to that. I have a total of three that I have invested in. And when did you invest in those? Oh, gee, it’s been over a period of the last 10 or so.
    25:34
    Who owns the, the one that you have the 33 percent ownership in, who are the other owners? One of them is one of my law associates in the law firm and the other is an attorney. And is it an attorney that does work with the parish? No. Can you say who it is? I’d rather not because that would be unfair to him. It’s a private venture.
    26:03
    How did you come to acquire them? They’re in Canada, not the Metro area? Well basically I had a long time friend an associate that had moved to Canada with a business basically developing gourmet food product and as a result of that they invested in some property in which they built a lodge facility. Adjacent to where they were, properties that were available for sale so as a result of that I built two properties that were rental and there was one that I own a third of.
    Val: Is hunting offered as a sport there, at the lodge on the property?
    AB: not on the property. You can get outfitters around the area that have permits that can take you hunting, fishing, etc.
    Val: Did Rick Meyer and Eddie Price stay in either of your properties when they went hunting in Canada?
    AB: Not to my knowledge. I think I would have known that if they had, but no, not to my knowledge, nor did they mention that they were ever there. What part of Canada did they go to? That’s a pretty bug country.
    Val; I just know that they went to Canada. I don’t know if it was Nova Scotia but I’m curious since you happen to own a business there and since they went hunting…
    AB: I think I would have known if they would of and I know of no time that they visited NS or that property.
    27:30
    Val: Have any parish contractors visited you property, stayed there? Not have stayed in my property. So have any parish contractors that you know of spent any money that you would have had any financial interest in?
    AB:The properties that I own. I own 100 percent of, on two properties and the third property is the one that I mentioned to you, which is co-owned by one of my associates and another attorney.
    Val: u own two properties at 100% and one at 33%.
    Let me just double check because I thought that I only saw two.
    Val: So the names of the properties are?
    AB:Names of the properties?
    Val: How would you have described them?
    AB: probably by lot or…. if you have the forms there they would be self explanatory.
    Val: Kempt Wilderness Lodge Service?
    AB: ok that would be one I have 33% interest in.
    Val: Public Works Investment?
    AB: 100%
    Val: Land welling lot 11 in Georges Lake?
    AB: Yes that’s it.
    29:38
    Val: I believe it’s the website mentions sister properties of Trout Point Lodge…
    AB: Ok. That would include those.
    Val: Are there any other sister properties of TPL?
    AB: They have them listed there if they do. Those are the ones that I have ownership in, ownership interest in.

  16. “I have a total of three properties… I built two properties that were rental and there was one that I own a third of.”

    I thought Broussard only owned 2 cottages at the Trout Point development??

  17. America huh? look copy right, I’ve got a right to copy ha,ha. In this corner the honest, most informed readers of real live government corruption the Slllabbbbed nation and on this side – corruption.

    Just take names and kick dragon!

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