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ABC/Disney Shuts Down Blog Exercising Fair Use
An anonymous reader writes "A blogger named Spocko had his blog shut down by ABC/Disney lawyers because he had posted clips from an ABC Radio-affiliated program and commented on their content, as well as informed show advertisers of what exactly they were paying for. Spocko merely pointed out the content that station KSFO was broadcasting, and as a result Visa pulled their advertising from the station. More companies were reportedly considering pulling their ads. A YouTube video summary is available. From the Daily Kos article: 'How'd he do it? He did it the way it's always done - by working within the law, identifying points of weakness, exploiting them and being absolutely tenacious ... It appears to me as if Disney is attempting to bully a little guy in an unethical manner. Any media lawyer worth the air she breathes knows that Spocko's use was well protected.'"
No. This is not only completely wrong, it's a very common misconception among those who defend lawyers.
Note, IAAL.
The ABA model rules of professional conduct, which most states' ethical rules are based on, have more than the requirement that you "zealously represent your client" (which is the rule everyone seems to remember).
They also require, more importantly, they you do not press claims you know to be frivilous or a non-good faith extension, modification, or reversal of an existing law. See rule 3.1
Tons of lawyers who should be sanctioned for this, aren't. However, if you ever accidentally mix client funds, you will be disbarred.
The rules also require that you keep in contact with your client, and be responsive in keeping them up to date. See rule 1.4.
When have you met a lawyer who actually responds to phone calls?