Monday, April 02, 2007

this is the saddest thing i've read in a while.

apparently, an attorney traipsed into the o'reilly factor and argued, with a straight face, that howard stern and the operator of the website, vote for the worst, could be liable for tortious interference with business relations for urging viewers to keep sanjaya malakar on the show!

watch this. this is the most ridiculous thing i've seen.

you must be trippin'...

1) "sabotaging american idol" / "ruining american idol" - okay, in order to state a claim for tortious interference with business relations, you have to state an actual business relationship that is being interfered with, i.e. at least two distinct parties.

2) "class action on behalf of the american public" - this is so stupid that i'm not even going to respond.

3) equivalent to "libel or slander" - okay, let's say fox adds a libel/slander or business disparagement claim in its complaint. among other things, howard stern is engaging in "fair comment on a matter of public concern" and would be entitled to a qualified privilege.

4) "hope" does not equal "expectation" - the argument that the other contestants aren't going to get record contracts is absurd. furthermore, the entertainment industry is notoriously unpredictable - court decisions have even noted this.

5) where are the damages? ratings are higher than ever. there have to be damages to state a claim for tortious interference.

6) even if ratings go down... good luck proving causation, with the millions of variables that affect the outcome of american idol.

okay, this is just ludicrous. so ludicrous that it has driven me to lose my american idol voting virginity. i will be placing votes for sanjaya malakar to protest the utter nonsense that befell the o'reilly factor in that youtube clip. yes, time was actually spent fabricating frivolous causes of action, possibly to intimidate howard stern and vote for the worst.


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