EdHat Cease and Desist
Friend of Ed let us know that David Millstein has asked edhat.com not to link to their obituaries....a little strange since it is a non-subscription part of their web site at the News-Press. Here's a quote from the EdHat Story:
On Monday, Edhat received a CEASE and DESIST notice from David J. Millstein, an attorney for the Santa Barbara News-Press, with instructions to remove any unauthorized links to the newspress.com website from the edhat.com website; specifically the obituaries.
posted by Sara De la Guerra | 9/11/2006 12:29:00 PM
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57 Comments:
Outside bizarro world, links from elsewhere are a GOOD thing. They bring business TO your site. Same with free subscriptions. More hits = more advertisers and more ad revenue. It's a key component of the predominant Web business model. The NP should welcome such links. Go figure.
well edhat does have more advertisers than the news press or so it looks from the newspress wed site.
that was a nice service edhat had for his readers and it gave a positive face on the newspress but the that's not the kind of face the newspress wants... now is it.
seems someone is on the warpath, unfortunately it's a path that goes over the cliff.
you know this is the best show in town right now...
i sure hope someone is doing a documentary on this.. best comedy at the January film fest. two thumbs up!!!!
hey edhat have the advertiser's post their specials on your site. .. at least they would have some readers seeing their ads.
as i just wrote on edhat.com:
well, i'm not surprised. i knew it was just a matter of time before the long tentacles of the n-p's legal goomba would reach out & touch edhat. after all, they also threatened the "daily sound" guy with legal action because his paper supposedly looked too much like the n-p (a ridiculous & insulting accusation--why would he want his paper to look like the news-mess?!).
Looks like some community action is needed to do whatever it takes to put the News-Press out of business. I like the idea I saw about boycotting News-Press advertisers.
Press accounts for the lawsuits against ex-editors Jerry Roberts and Mike Todd indicate that Millstein is McCaw's main lawyer muscle, but he's using the wrong weapon to fight last generation's war.
Anyone see anything new or innovative or forward looking with the News-Press' website over the past year? Me either.
How about with the the Independent? Daily Sound? Edhat? Even blogabarbara?
Soon we'll be rading the News-Press obituary. I wonder if Edhat will be allowed to post it?
Craig Smith's note was interesting today.
Wendy's biggest enemy might just well be herself.
One has to ask if this woman is on medication and is she mixing them. That would be the only excuse that's buyable. Maybe she could print a Doctors note (not Laura) to explaine it all along with a mia colpa.
Not only the NP people are net-clueless, but as usual the preferred tactic is the bull-in-glassware shop
I think Wendy understands greed. We should boycott her advertisers.
Hypocritical is as hypocritical does...
Today NewsPress attorney-editor Millstein went after EDHAT because EDHAT was providing links to obituaries in the Newspress. See the notice here
http://www.edhat.com/site/tidbit.cfm?id=1400&nid=393
Newspress obviously is more and more desperate to hold on to readers, and often the obits are the primary reason many readers read the rag. And, Millstein is trying to justify his existance and billing. Naturally, the response should be for people with an obit to list should go to other venues, such as EdHat or SB Daily Sound. Just today, Daily Sound announced it was going to 16 pages every day, along with a lot of color. Lots of obits could fit in there indeed!
The Newspress publishes links to other web links all the time. Just last Sunday the non-Dr. Laura linked to this from UCSB Daily Nexus in an attempt to insinuate the content there was somehow bad.
http://www.dailynexus.com/opinion/2002/3454.html
So will Daily Nexus and the UC Regents now get into a pissing match with Newspress, because of a link to Daily Nexus and a negative insunuation?
Time to end Wendy's reign to terror.
Mike Pinto says...
Go to a rack and buy a SBNP, then take out the remaining ones and dump them.
Looks like NP management knows about animals, bottled water, and how to bore women, but virtually nothing about information distribution via the internet. In bullying edhat, they're swimming upstream against a raging river; but, as with many things over the past several months, they don't know what they don't know -- and don't care about learning. The NP's loss is everyone else's commercial gain.
This comment has been removed by a blog administrator.
Does the whole town need to fear the wrath of Wendy?
Anyone who does business with the NP isn't going to get my business.
I never thought I'd say this but----- Mike Pinto's idea now makes sense to me.
If any person or group really were looking to bring down the News-Press, instead of just making speeches and holding rallies, that five-point plan of terrorism outlined above would be a good start.
I am speaking only for myself, but as a member of the organized newsroom staff of the SBNP, I am offended by the anonymous post of 8:51 p.m.
Boycotts are fine, but hacking computers, stealing from newspaper boxes and threatening the printing plant (items 2,3 and 5) are unacceptable actions to me and I am willing to bet that my colleagues would agree.
I appreciate the community's support of our plight, but this is the kind of assistance we can do without.
From Associated Press tonight (Monday, Sept. 11, 2006). Were the prior news articles too cynical in predicting a much later unionization vote, based on interviews with high officials of NLRB? Will News-Press hacks and flaks just make up a reason to stall on the eve of this election date?
------------------
Union election to be held Sept. 27 at
Santa Barbara News-Press
-
Monday, September 11, 2006
(09-11) 18:59 PDT Santa Barbara,
Calif. (AP) --
Union officials and management at the
embattled Santa Barbara News-Press
agreed Monday to hold a union election
on Sept. 27.
About 50 newsroom employees will decide whether they want to be represented by the International Brotherhood of Teamsters.
The agreement on the election came after both sides traded accusations of unfair labor practices.
"We are confident we will succeed with the election and go forward with bargaining from there," said attorney Ira Gottleib, who is representing the employees.
More than a dozen employees, including top editors, resigned in July, claiming News-Press owner Wendy McCaw meddled with editorial content. McCaw countered that workers had tainted coverage with personal opinions.
McCaw said Monday that she respects employees' desire to organize but doesn't believe union representation is the best option.
"The News-Press does not feel that union representation is in the best interest of the employees, but this is a choice that every eligible employee must make personally and privately for themselves," the newspaper said in a statement.
Both sides have filed complaints with the National Labor Relations Board, claiming intimidation and harassment. Those issues will be investigated by the board, which will decide whether to dismiss the charges, settle the dispute or issue a complaint detailing
violations that an administrative law judge would consider.
That 5-point plan?
Good going, Nipper. I'm impressed.
But then as co-publisher, you do know a lot about the inner workings of the News-Press.
I have to say that 5 point plan is a little scary, it goes beyond civil disobedience and into some militant, earthfirst style garbage. Item 1 sounds good, 2 through 3 are criminal, 4 ranks up there with jehovahs witnesses on my doorstep 5 more criminal and ominious than 2 and 3.
It would end up giving support to the wicked witch and her flying monkeys Travis and the Burger Baron. Go ahead and do it and watch how quick support ebbs for unionization, the loss of ethical journalism, and even the daily sound and independent join the chorus condeming the actions you subscribe.
As it is, if the WW of the wests legal minions see this I can just picture it being forwarded as a threat to the funboys at homeland security. Sara tell us when you get the warrant to hand over your userlogs....
Dear Blogabarbara readers,
In case any of you are confused, the five-point plan espoused by 8:51 above is not some "phase 2" of the union campaign. Do not be fooled. We make major strategic decisions by consensus. And while it is true we are urging a boycott, as has been widely reported, I can assure you the sequence of ideas above was not discussed, nor is it in the playbook.
So listen loud and clear, we are not collaborating with former IT employees in some form of "sabotage." And if anybody out there intends to hack the News-Press Web site, I absolutely request you do NOT redirect to our own. We're getting enough hits as it is (keep telling your friends though), and are quite pleased about it.
We've taken the high road through this whole endeavor and will continue to do so until our election on Sept. 27, a date confirmed today as reported by the AP this evening (Monday). You can confirm this at Google News.
Thanks again, Santa Barbara, for your sensible support.
Regarding 8:51 and his action plan:
Get ready Santa Barbara, Wendy's swift-yacht is headed to town!
Come aboard, they're expecting you.
Why, there's Nip Nip now. Hey Lil' Buddy!
And the Professor! What up "Doc"? Nice dingy. Wanna race?
The Mooovie Star... Rob!
The cast is aaaallll here. It's exciting and new.
Come on, come aboard. We'll be making another ruuuuun.
Set a course for adventure -- straight at dees, dem and d'ohs union thugs.
Yikes!
The five-point plan posted above is advocating criminal activity. That is dangerous on so many levels.
What exactly is everyone trying to gain with all of this? I understand that the drawn out drama of the saga is entertaining but why are people giving so much energy to all of this. It's this energy that continues to enable and empower Wendy, Travis, Nip and co. to keep fighting the fight. You must keep in mind that we're not dealing with realistic, rational people here.
The best thing we can all do is follow my sane five-point plan:
1. Don't subscribe to the NP. If you do, call tomorrow and cancel the subscription.
2. Don't buy a NP from any machine, 7-11, Vons or otherwise.
3. If you see a NP lying around - say for example at work or at your favorite coffee shop, pick it up and throw it away (preferably recycling) immediately.
4. Someone needs to post a list of the primary NP advertisers and we need to boycott them and spread the word about boycotting them.
5. Change your mind. Stop worrying about the NP, posting about it, or giving it any more thought or energy. Find another source of news (such as this site, Indy, edhat, Craig Smith, etc.).
This is the only way to force a change. It may not come soon, but it will come. All the rest is pure hubris.
Hi, I'm working for Wendy and here's my five-point plan:
1. Fail to stop the uncoerced majority of newsroom employees from securing a fair union election, despite a vicious propaganda and intimidation campaign.
2. Reluctantly agree to the election, figuring, hey, we can still tie them up forever in contract negotations, and in the meantime, there are plenty of sleazy, slimy tactics we can use to discredit these people in the eyes of the public and their co-workers ('cause we're pretty sure other SBNP departments might be organizing, too, and WE SIMPLY CAN"T HAVE THAT).
3. Consult "Union-Busting 101."
4. "Cleverly" pretend to be a blog poster who is an SBNP employee and union supporter; advocate violent and/or illegal actions against the company (in keeping with the "unions are a bunch of vicious thugs" editorials; the illegal suspension of letter-deliverers, whom we "cleverly" mischaracterized as displaying "intimidating conduct"; the hiring of a new security firm because the "threat level" is now at orange; etc., etc.).
5. Get a pat on the head and an extra cookie from Wendy, and share a good laugh with her and the rest of her minions at the fact that everyone is so easy to mislead.
As "Hypocritical is as hypocritical does" pointed out above, it is not illegal for any web site to provide links to any other web site, as long as the page(s) that the links reference are public (reachable by anyone with a web browser). If they are behind the News-Press' subscription "wall", that's a problem, but as I understand it, the obits are (currently) not.
This is just another scare tactic by Wendy and crew, a baseless threat that they know won't stand up in court, but will probably bully Edhat into bowing to their demands in order to stay out of court and not spend money on lawyers of their own to fight this. Edhat would do well to contact the Electronic Frontier Foundation, which often provides free legal help in such cases.
As to the five-point plan posted by "anonymous 8:51 p.m.", thanks but no thanks to numbers two, three and five. These are both highly unethical and illegal, and will get anyone doing so into some very hot (and well deserved) legal water. If you don't think that the News-Press staff or its vendors can find out who is doing these kinds of things, you're wrong. Besides, these kinds of moves are wholly counterproductive and will not help the cause at all.
8:51pm - you must be a News-Press employed agitator. Perhaps hired by Agnes Huff, or encouraged by the News-Press management.
There is a long history of agitators discrediting the labor movement and other grass-roots protest movements in the U.S. by urging and performing extreme actions.
Everyone here truly concerned about the News-Press and its employees most completely condemns your plan.
The News-Press has gone too far, we can't support anyone who has anything to do with the NP anymore!
Beware: 8:51 is not a "friendly" newsroom ally---more than likely an AgnesHuffianipper-ite......
Not that I would put it past them to actually engage in some of those actions and then try to shift blame to "the union"....
...hmmmm anyone know where Travis is on this "vacation" of his.......?
The Teamster's campaign to cancel subscriptions, like anything else that harms the business of the News-Press, is against the interests of those in the newsroom, not to mention all other employees. Union or no, it creates the economic circumstances supporting layoffs later, just as has happened at other newspapers, some with unions, some not. The reporters should be trying to make the business better, not worse, for their own personal benefit, if not for the benefit of journalism. They now have their union vote, but they need to think about what happens afterwards, when bargaining begins. Ex-employees might support the subscription cancellations, but some are now competitors. The reporters are not hurting Wendy's pocketbook (as if that made a difference), they are hurting their own. Simple math.
After careful consideration, I've decided to delete the "Five Point Plan" as there is free speech and there is advocacy of domestic terrorism -- I in no way want BlogaBarbara to sound like we are advocating such actions.
Re 5 point plan. Number one: great idea. Numbers two thru five? Fuhgeddaboudit. We are fighting in defense of open and ethical balanced news reporting with a wall between corporate and the news. Listen, the NP is already RIP. Going after Witch Wendy in some kind of sneaky earth-first criminal adventure may assuage anguish or give an outing to angry “cajones”, but will SINK our high road to the slimy bottom. Let Wendy be Wendy. She’s doing-in the NP all by her little lonely self. We cross the line and WW wins.
I’d rather see collective energy directed away from mischief and into art, music, verse, film and stage. We can get creative. Vocal. Use the strength and sanity of humor. The Wenytron understands how to use the legal system to her advantage so don’t go there. Use what she ain’t got! Wit, vision, clarity of expression, and above all a desire to see a free press in Santa Barbara.
Good move, Sara, because this blog only should include material YOU like.
“Press authorities on Monday ordered the temporary closure of Shargh, Iran’s leading reformist newspaper, just days after the publication printed a cartoon that appeared to lampoon Iranian negotiations.
In a letter to the paper’s managing director, the Press Supervisory Board ordered the shut down “for publishing articles insulting to religious, political and national figures, a fomenting discord.” (LA Times, 9-12-06, by Babak Pirous, Special to the Times)
It’s just a matter of degree.
Thanks Sara for removing that post.
I was surprised that you let it on.
When iI saw it I thought that it must be someone trying to cause trouble to you site. It did not seem to be one the the regular blogers that would know better than to promote such actions.
Keep up the good work keeping us all informed.
What could possibly be wrong with Edhat posting a link to the obitiuaries?
http://www.newspress.com/Top/Subsection/Obituaries
Daivd Millstein goes even further with the cease and desists today....
The latest on the fiasco from "Editor & Publisher" magazine:
http://www.mediainfo.com/eandp/news/article_display.jsp?vnu_content_id=1003120807
That woman just keeps digging that hole, she's gotta be so deep now we all might as well start filling it in she never gonna get out of this one.
When a "news" paper has lost any amount of public trust it becomes just a paper.
Wonder how much the paper's worth now ?
It's a great story and i thank the blogs and other media for keeping us all informed on this soap opera.
can't wait for the movie!
Sara i think someone was trying to cause trouble for your blog. It was a "good thing" to remove the post.
You are doing a good job of being fair to the bloggers and letting them post under " Freedom of Speech " but the person should never had writen that. The only reason would to cause problems for you.
Regarding edhat.com (which apparently decided to stand up against Millstein's letter), here's a post from "I'm Not One to Blog, But."
http://imnotonetoblogbut.blogspot.com/2006/09/what-tangled-web-wendy-hopes-to-leave.html
What a Tangled Web Wendy Hopes to Leave
From Santa Barbara internet meeting place Edhat we learn:
On Monday, Edhat received a CEASE and DESIST notice from David J. Millstein, an attorney for the Santa Barbara News-Press, with instructions to remove any unauthorized links to the newspress.com website from the edhat.com website; specifically the obituaries.
As many of you know, Edhat has been placing links on the Edhat News page to the obituaries in the Santa Barbara News-Press. While most of the News-Press website is subscription-only, the obituaries are not. The dedicated staff of edhat.com speculated that the reason the obituaries are not password protected is because they are written and paid for by the families of the deceased.
Today lawyer David J. Millstein (Motto: Somebody Would Take the Case, So I Might as Well Cash Wendy's Checks) made the following statement:
"Ampersand Publishing and the Santa Barbara N___-P____ has placed a cease and desist notice on the entire internet. The rest of you can have you "World" Wide Web, but the N____-P____ is no longer part of it. We're too busy being published by a bottled water expert who once led his high school newspaper (it was a private school, btw) and hiring reporters who have excellent experience as part-time photographers and full-time conspiracy nuts (they make the most perceptive journalists).
Sure you can visit us using a browser--if you have paid for our sterling content--but do not link with us. What do you take us for, something common?
Furthermore, we have placed a second cease and desist on anyone even using our name, which is ours, you know, not yours. From now on, no one except for Wendy McCaw herself may use our name and you may only refer to us in writing as the Santa Barbara N____-P_____. And we reserve the right to sue you anyway if we think you've looked at us funny or have the cojones to preach against our tolerating diversity. Now go be diverse and leave us alone."
POSTED BY GEORGE AT 9:33 AM
With comments like that above from "Wake Up" one can conclude the drop in subscriptions and pressure on advertisers actually is working.
Now that the unionization vote is set for September 27, the strategy by the Newspress corporate lawyers and Huff seems to be infiltration of public blogs and other venues. Actually, the time is now more than ever to keep the pressure on.
if that is a ture statement from Millsten ( and i find it hard to believe it is) then that is the end of the SBNP.
Sounds like the newspress has ceased and is now desist from that statement.
Where is Spendy to explain it for us?
I miss her.
You silly little people. Your conspiracy theory has now run its full circle. Everyone is out to get the NP and the NP is out to get everyone. Do you have any idea how simply silly you seem? I offer a solution. Add Lithium to Santa Barbara's water supply and in a while everyone's moods will stabilize and the paranoia surrounding the NP or those out to get the NP will ease up.
I was way to busy over this summer to other than get the gossip via friends, dinner parties, neighbors.
I finally had time over the weekend and looked into the "mess" via the web after reading the Vanity Fair.
At first I thought it was just a bunch of rambling and bickering from the people and parties involved.
I then came across the Appellate Report and found it an eye opener.
I feel I must support the community and find a solution without the News Press. A paper who's owners conduct themselves in the manner that they have and shown past conduct similar I can not support for ethical reasons. I like to know that the owners publishers of the paper I receive news from do so with and attempt honest reporting.
The hiring of the lawyers the PR firm have had no impact to improve the matter, other to fill their pockets and make need for future services.
I would like to know and hear from those around Wendy, if she is right in the mind in light of this.
Is she under a Doctor care? Has she had mental problems in the past? There are serious competency questions of her in the community and should not go unanswered if she wishes to be the publisher of the towns paper of record. The Publisher needs to understand that it is a responsibility and the reason. Perhaps Journalism 101 might be a good place to start, it is offered at the local collage and university.
Just thought after reading Vanity Fair.
p.s. Sara De la Guara, there are some great bloggers on your site, thank you for providing and the time involved.
We are all busy these days and to take the time and effort to host is greatly appreciated by myself and others.
Mike Pinto, take note:
NEWS:
Governor signs newspaper theft bill
Last week, Gov. Arnold Schwarzenegger signed legislation that will make it a crime to steal freely distributed newspapers. Sponsored by CNPA, the measure, AB 2612, by Assemblyman George Plescia (R-La Jolla), will prohibit the taking of more than 25 copies of a freely distributed newspaper if done with the intent to recycle for cash or other payment; sell or barter the newspapers; deprive others of the ability to read or enjoy the newspaper; or harm a business competitor. In the press release announcing his signature on the bill, Gov. Schwarzenegger said, “The freedom of the press is one of the most precious freedoms that Americans enjoy. We must work to ensure that no one is able to deprive others of their First Amendment rights.” The unauthorized taking of freely distributed newspapers is a problem that has plagued newspaper publishers and law enforcement for many years. The most recent incidents involved an individual in Chula Vista and the greater San Diego area who removed entire bundles from news racks and transported them across the border where he sold them to recyclers in Mexico. The new law becomes effective Jan. 1, 2007.
8:45 pm -- thanks for the kind word. I also want to be careful with that line of thought -- we shouldn't assume medical issues without proof....no matter the reason, what we do know is that the News-Press Mess is still playing out and won't go away soon.
You know folks, the only ones that are going to be winners in this fiasco are the lawyers.
They are the only ones that will walk away with smiles on their faces while everyone else that counts (reporters and their families), are left picking up the pieces of shattered lives. dd
down with the News-Press
EdHat, in defiance of Millstein and in support of reason, is still running the link to the News-Press obituaries.
And I should have added, thank goodness for Edhat and thumbing your nose at those pesky lawyers! dd
The five-point plan was written by the same poster who earlier went by the name "nelville flynn."
So yeah, it was a plant, an attempt to discredit the pro-union News-Press employees and their supporters by painting them as extremists prone to violence and law-breaking.
We know better, Wendy and "nelville flynn"!
From the files:
‘If The Independent were a real newspaper with real journalists, instead of the comic foil of the Santa Barbara News-Press, it would find real stories to write about and not the pretext of a story to attack its competitor for the purpose of increasing advertising revenues.’
— David Millstein, the San Francisco-based attorney representing the News-Press, responding to reports that the News-Press was examining the disc drives and phone records of its employees.
Ban the Bias?
Did anyone hear the AM 1290 radio version of the NP's biased reporting on Tuesday morning? I was horrified. While Travis was on vacation (he apparently hosts this show weekly) he had Andy Caldwell of COLAB and Carpinteria City Councilman and head of SB Taxpayers Assn Joe Armedirez on to talk about Measure D. They did nothing but spread misinformation and lies.
One major thing about the new Measure D is that it is a BALANCED approach to funding transportation. It will still fix potholes and maintain our streets but it will also widen 101, fund a commuter rail program, and contains significant funding for other transit, bicycle and pedestrian improvements thereby giving people alternatives to cars. One other major element is significant funding for the SAFE ROUTES TO SCHOOLS program.
Less than a week after a child was killed riding his bike to school, Andy and Joe continued to insult and wound our community by referring to these vehicle-alternative programs as "useless fluff", "pork" and similar negative terms.
Even in Travis's absence the NP continues to provide the community with only one, horribly distorted view of an issue.
I am in support of the proposed Measure D based on its merits, but the characters of the people opposing it (Wendy, Trav, Andy and Joe) should be reason enough for our County to strongly vote YES ON MEASURE D this November.
11:59,
How to you know it was Nelville Flynn? I'm curious, because I believe it was labeled anonymous.
Alot of people don't keep up on issues and are influenced by NP. I don't know the full restraints the Independent is under. Craig Smith is out of town. It would be interesting if he did an extensive explanation of how Independent and individuals like Barney are bound. Will Dr. Seabaugh be able to speak? I did find the Independent, His Master's Voice, Indy Staff, 9-9-06 questionable. Yes, be wary of anonymous. But getting Nipper off for his hamburger debacle, why? Many more examples for the anonymous. I want to trust Indy. They need to explain. Nipper's comment on his sight can't be traced?
9:43,
I don't have proof that the advocate of sabotaging the News-Press and Nelville Flynn are the same person, but both have the fingerprints of paid operatives for the News-Press or its flacks.
It's a common tactic in public relations now: one "above the line" message person speaking for the institution, and other guerilla p.r. practitioner waging an anonymous/pseudonymous campaign on the Internet or through gossip channels.
Although Wendy's own actions have been shockingly inept from a public-relations perspective, she has some pretty clever and sinister people working for her.
Do the math - Measures D is a failure. Vote NO!
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