To steal a line from Mark Twain, the many, varied, and breathless accounts of our demise have been much exaggerated. By that, I am referring to reports that we received a “cease-and-desist” letter from News-Press owner Wendy P. McCaw’s attorney David Millstein, promptly wet our pants, and then cravenly caved. Please! Give me a break.
These are the facts. The Independent received a letter from Millstein alleging copyright and trade-secret infringement because we posted as a link on our Web site the unpublished news account of the mass resignations that rocked that paper two weeks ago, written by NP reporter Scott Hadly. We posted the article because it nicely illustrated the charge that News-Press owners and publishers were squelching legitimate news articles that painted them in an unflattering light. Upon getting Milstein’s letter we consulted two separate attorneys to see where we stood. Based on the advice of both, it turned out we stood on shaky legal ground. Hadly worked for the News-Press at the time he wrote the article; as such, the article was News-Press property. We didn’t have permission to use it. Based on this advice, we opted to pull the link containing Hadly’s article from our Web site. Does this constitute caving? Hardly.
Seems to me more like getting out of the way of an oncoming truck. Certainly, it’s hardly silenced us on the subject of the News-Press debacle. This week’s Indy contains two full pages devoted to the meltdown (Angry Poodle Barbecue and Barney Brantingham’s On the Beat) and we’ll continue to provide the most thorough coverage of the whole mess. But thanks for noticing. — Nick Welsh
Double-clicking on any word or phrase in this story will open a reference window with definitions and links to other reference material.
Print friendly
E-mail story
Contact an Editor
iPod friendly
Comments
Bookmark This
Previous Month


Comments
Discussion Guidelines
Nice to see the Indy with two consecutive weeks of Friday Poodle updates.
Too bad Indy was such a target for Millstein, although quite understandable considering the Quote of Week last time and their effort to throw out anything that smells litigious and see if it sticks. However, that draft, unpublished news article by Hadly is All Over This Town, thanks to the miracles of paper scanning, file downloads, and email forwarding, and it was noted the basis of the Daily Nexus special article at their web site on July 12th. All of the substance of that unpublished article by Hadly was repeated in the various other accounts in the Indy anyway.
Still, the stunning exchange between Colin Powers and The Wendy, still at the Indy web site for the prior Poodle entry, is far juicer than that matter-of-fact account in the draft by Hadly.
And yes, as unpublished material, it was the property of The Company first, and The Wendy did have an easy argument to reclaim it. But the damage was done. Lots of other spiked articles no doubt are ready for future leaks, but revenge upon the news writers would be too big of a risk.
Besides, the mention of the Indy reacting to the cease and desist order about the Hadly draft was the only real original item in that article in Washington Post article of July 20th. But still, it was WASHINGTON POST and authored by their West Coast Jefe and foreign correspondent legend, John Pomfret.
But the real test of whether the Indy will cave or not is whether the Indy will defend Barney Brantingham in any lawsuits or other legal jousting from the increasingly more desperate Wendy Millstein. Will take-no-shit-I'm-from-New-York-and-was-editor-
of-Rolling-Stone Marianne Partridge live up to her reputation and defend her news reporters when they, you know, uh, report the truth. Barney dished a big dose of whoop-ass truth last week in the cover article and in several TV news interviews.
First District Streetfighter
July 21, 2006 at 3:08 p.m.
Glad to hear that the Indy did not bow, at least not deeply ----
I hope that you'll cover in depth the death of Bayard Stockton, how shocking it is to even write those four words! According to an e-mail from his son sent to the many on Bayard's mailing list, he died, yesterday, Friday, the 21st.
What a huge loss to Santa Barbara this is.
Betsy
July 22, 2006 at 1:44 p.m.
check out my new profile!!!
http://www.myspace.com/wendymccaw
Wendy
July 25, 2006 at 11:08 a.m.
Okay, that is funny.
Teresa
July 25, 2006 at 11:19 a.m.
Wendy speaks:
http://home.businesswire.com/portal/site...
Teresa
July 25, 2006 at 4:38 p.m.
I posted the following on my new blog, at http://www.myspace.com/wendymccaw I love myspace, it really fits my reclusive lifestyle. Won't you please visit my page? Here's my latest blog, which I copied for you below (who says I never did anything for the commoners? Why is "Don't cry for me Argentina" playing in my heart right now?)
*Setting the Record Straight*
Did you read my piece in the News-Press today? In it, I (or, Travis, if he's not drunkenly driving headlong into a brick wall somewhere and then forbidding it to become news...in any case I can't remember which of my minions I had write it) martyr myself quite effectively, n'est-ce pas?
Sure I have a confidentiality agreement, which forbids employees from speaking about internal affairs of the News-Press. What newspaper doesn't? I mean, the New York Times was hardly transparent about the Jason Blair affair. Oh, wait, they were completely transparent and went out of their way to shed light on the whole thing. Damn, that's right. But then I'm not trying to be a reputable newspaper. That's why it took us so long to finally publish anything about the whole mess.
You all need to get off my back. It's time to set the record straight. If I were aiming for journalistic integrity you might have a point. You might then question where I'm getting these new subscription figures (400 net subscriber additions). You might wonder, if accurate, where these subscriptions are coming from (journalistic ethic professors, think tanks, etc., who want to be able to track and study the treacle first-hand? Hardly!!!)
And my employees are completely free to speak about unionization!!! Nothing else, of course. Not the lapses in judgement that led to the editorial page editor and food critic guy from being made publisher/editor even temporarily. Not about how when Rob Lowe says jump, I ask "how high?" (c'mon, he's really cute...you feel me ladies, right?) Not about how Travis or I kill stories if they're not complimentary to my pet causes, or spin others to make them do just that. I'll sue anyone if they talk about that. But anything about unionization (except for the union buster i'm hiring) is a-okay.
Cheers!
Wendy
July 25, 2006 at 5:39 p.m.
This is what I wrote to Wendy McCaw, assuming it gets past Travis:
Dear Mrs. McCaw,
First I doubt if you will ever see this as we all know to get anything published in your paper, a person has to get down and lick the feet of Travis (big-shot) Armstrong.
As a longtime subscriber of the News-Press, almost 40 years, I cannot help but wonder what you did to make so many good reporters and Editors walk out, or be escorted out by poison Armstrong.
You should have paid closer attention to what made these prominent people so disgusted,
I have not canceled and will try and stay with you until you straighten out this mess.
I will say a paper without Barney is like a paper that has eliminated the comic strips. Some things are necessary to run an interesting paper.
Marjorie Clausen
MargMag@aol,com
I truly doubt that you will ever see this email
Marge Clausen
July 26, 2006 at 3:51 a.m.
Gee Nick..the article belonged to the Newspress..did the link? what was the article worth..25 cents?? You caved..admit it!
Sol
July 28, 2006 at 8:30 p.m.
Yes I am ROFLMFAO! Caved cuz they published an artical they knew was stolen! The fully knew Hadly's artical was the property of the News-Supress and got caught with their not so lilly white fingers in the jar of the cookies! POT KETTLE BLACK so much for your journalistic integraty Nick. It didn't even prove a point it simply added fuel to your OPINION not news mind you Nick YOUR OPININON of the the compatetion. Yes you idiots that follow this thinking all is good if it is in the Indy they bow and cater to get their money to in theform of adverts. Peint screw the News SUpress articals etc etc POT KETTLE BLACK, they profit stop adverting in the News Supress sleep with us at the INdy POT KETTLE BLACK
ROFL
July 29, 2006 at 10:14 p.m.
ROFL: Are you aware that you are an illiterate moron?
discerning reader
October 28, 2006 at 10:14 p.m.
Post a comment