Michael Moore Lawsuit Update
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Published: 15 January 2009
We have not yet filed in court, but will very soon if Mr. Moore does not settle the matter immediately. The court paperwork takes time, though my attorney informed me that Mr. Moore’s attorney, after seven months of delay, called us late yesterday. Michael Moore’s attorney and mine, Mr. John Mason, are playing phone tag today.
The New York Post picked up the story today with: “Moore Misuses War Photo.”
Huffington Post followed: “Michael Moore in Legal Trouble With War Photographer.”
To understand the importance of this potential lawsuit, please read the dispatch I wrote: "Michael Moore's Crime"
The photo and the tragic events behind it can be seen here: "Little Girl"
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Michael Yon
P O Box 5553
Winter Haven, FL 33880-5553
I will continue to do my part in telling the stories that are not being told. Readers must also do their part by keeping the cash flowing. Cash is essential .
Thank you!
Michael









Comments
As far as Michael Moore, I think he has some ethical problems. He lets his zeal get in the way of his message. He also lets his hatred of George W. Bush get in the way of his message. I agree that he misused your photo, and should have asked permission to use it at all. Your lawsuit may not succeed, but it will make a difference.
Michael Moore's imperfect message does not make lying the country into war an honorable act. It does not make kidnapping, torture, bombing, killing, and war profiteering honorable things to do. It does not make the deaths, maiming, and psychological damage done to American troops justifiable. I can say that George W. Bush is a sociopath without hating him, because he is a sociopath, and hate is a harmful waste of energy. It's enough to say good riddance.
You do a brave thing taking pictures in a war zone. You may own the rights to the photos you have taken, but that does not mean you own the truth of what the images show. It is an easy thing to confuse. This war has been a great tragedy for everyone involved, except maybe the executives of Halliburton, KBR, Blackwater, and kindred spirits. The greatest tragedy is the death and destruction of the people and property in Iraq, but for Americans, the harm done to our armed forces is immeasurable. As your picture shows, good, compassionate people were sent into an impossible situation, and their lives were forever changed. I suspect that for most of them, it was not a change for the better. We will be paying for this debacle for decades to come.
I'm a long time lurker/fan. =) I read your story about suing Michael Moore and I also read the comments on HuffPo. Naturally, the majority there are supporting Michael Moore and claiming "Fair Use". They're also incredibly insulting towards you and, were the tables reversed, I am sure they'd support him for the same action because they are, in fact, hypocrites. They're all for "fighting the big man" when Moore does it, but not when small guys like you take on the "big man" of their own.
I completely agree that he has absolutely violated your right with your picture. Most of them posting there, I imagine, are not photographers. They don't know what it's like to be an artist and have your stuff used without your consent to give a message you simply don't agree with. Would they be so supportive if Michael Moore's images were stolen by a Nazi site, for non-profit use, and used to give a message they don't agree with? I somehow don't think they would be screaming about "Fair Use" should that ever occur.
Your picture was fantastic and incredibly sad. You are an amazing photographer and journalist. I support you totally in your fight against their "big guy". The least he could have done is reply to you cordially within the last seven months. But since he's such a pretentious bastard, I would have been surprised if he ever had. thought of it.
Best of luck,
Summer Seale.
I'm a long time lurker/fan. =) I read your story about suing Michael Moore and I also read the comments on HuffPo. Naturally, the majority there are supporting Michael Moore and claiming "Fair Use". They're also incredibly insulting towards you and, were the tables reversed, I am sure they'd support him for the same action because they are, in fact, hypocrites. They're all for "fighting the big man" when Moore does it, but not when small guys like you take on the "big man" of their own.
I completely agree that he has absolutely violated your right with your picture. Most of them posting there, I imagine, are not photographers. They don't know what it's like to be an artist and have your stuff used without your consent to give a message you simply don't agree with. Would they be so supportive if Michael Moore's images were stolen by a Nazi site, for non-profit use, and used to give a message they don't agree with? I somehow don't think they would be screaming about "Fair Use" should that ever occur.
Your picture was fantastic and incredibly sad. You are an amazing photographer and journalist. I support you totally in your fight against their "big guy". The least he could have done is reply to you cordially within the last seven months. But since he's such a pretentious bastard, I would have been surprised if he ever had. thought of it.
Best of luck,
Summer Seale.
Your photograph and story of soldier Berger and little Farah brought tears to my eyes, and I don't cry easily. It is a genuine human story and it is the truth when so many lies are being told about the Allied troops in Iraq. I am moved by Berger's love and compassion for that little girl and heartened that at least she died feeling the warmth of another human being loving her.
Something to give people like Michael Moore pause, if they weren't so wrapped up in their own delusions.
"Only see" Joseph Conrad said.
The "impossible situation" is a typical response to those who have no stomach for doing the right thing - even though it hurts. War sucks and my son was in it. Your response - "You may own the rights to the photos you have taken, but that does not mean you own the truth of what the images show. It is an easy thing to confuse" - is indicative of the liberal fascist behavior of many of your left wing peers. The truth in the photo, sir, is that a little innocent girl was killed intentionally by people who intend to do the same kind of haphazard death tricks to our folks in America. With any luck, you will survive to spew your vitriol another day.
I do NOT think you have a just or winable case against Michael Moore and you are just looking for a payout.
Thnaks for your efforts.
I appreciate your work and have followed it fairly closely. Being a News Junkie, I also follow Michael Moore's work, even though he is dishonest and manipulative. Those who love his work, hate anything that disagrees with their point of view. As you can tell from their comments on your site, they are utterly intolerant of anything that opposes their point of view or beliefs. You, on the other hand, go out of your way to be civil. I admire that, and we need more people to have that attitude.
Keep up the good work, and know that I am praying for you. Currently, I'm out of work, so I can no longer send any financial support, but I suspect others will also see the importance of your work and support you. Your decision to rely on private, voluntary support so you could remain unbiased was a step of faith. I'm glad that our Lord has allowed that support to happen.
Take care,
Doug McGee
Brady Lake, OH
and you don't think mr. yon has a winnable suit? then you don't know a damn thing about copyright law, or you just don't give a rat's ass - because you support mr. moore and are just like him. and you think mr. yon is looking for a "payout"? give me a break.
and then, i just love this...you close your comment with "thanks for your efforts" - WHAT? This is the smug kind of crap that seethes from the pores of all liberals...acting like your really nice and sincere, when you know that you are full of hate towards anyone that disagrees and doesn't think like you.
MCarroll- I guess it's a whole lot easier to just let the hate all hang out, huh?
It's too bad that being a liberal, being a patriot, and appreciating the good Michael is doing is always outweighed by th number of insulting comments that seem to follow each of his articles. I gave up on this once. I guess it's time to do it again.
I also don't see a huge problem in Moore using a photo that is so widespread but he should most certainly respond to you or your lawyers when you brought his attention to the issue. It shows a huge arrogance in not discussing it with you and I have lost a lot of respect for him for that.
As a Brit I am slightly surprised you are described as right wing. Apart from your Obama worries you always seemed pretty balanced to me, I guess in the US you have to be allotted a side. This lawsuit, whilst totally understandable, is a huge shame - I want you to be known as a 1st class reporter (which you are) and not someone who will probably end up being villified in the left wing press as a pro-Bush, right winger by people who haven't got the first idea what you have brought to us.
I also don't see a huge problem in Moore using a photo that is so widespread but he should most certainly respond to you or your lawyers when you brought his attention to the issue. It shows a huge arrogance in not discussing it with you and I have lost a lot of respect for him for that.
As a Brit I am slightly surprised you are described as right wing. Apart from your Obama worries you always seemed pretty balanced to me, I guess in the US you have to be allotted a side. This lawsuit, whilst totally understandable, is a huge shame - I want you to be known as a 1st class reporter (which you are) and not someone who will probably end up being villified in the left wing press as a pro-Bush, right winger by people who haven't got the first idea what you have brought to us.
Every image you see in advertising, newspapers and magazine's are copyrighted. Usually to the producing publication. This image was taken BY Mr. Yon. As he reports on his own and does not operate under the umbrella of a major news organization, he owns the copyright to all his own work. The fact remains that the use of it in a chain email like the one you received is not a commercial use and does not generate money. Mr. Moore's use of it on his website IS a commercial use. Mr. Moore makes documentaries and then distributes them for people to see and makes money from them. His website promotes his movies.
As for your insulting assertion that Mr. Yon is looking for a 'payout', you're just wrong. Mr. Yon does this reporting on his own time on his own dime and what people donate to him. He has written two books. People who work in creative endeavors such as writing, fine art, or photography don't do it because we ever expect to become rich. Those things are hardly valued in this world anymore. Which is why copyright is so important. Writers and artist's should be paid for what they produce. It's the law. Mr. Moore gets paid for his creative endeavors, his works are all copyrighted and he gets paid when they are shown.
If he was looking for a payout as you say Mr. Yon would have filed suit immediately instead of being a nice guy and asking Mr. Moore to please take it off his site. Please see more information on copyright and it's meaning here: http://en.wikipedia.org/wiki/Copyrights
where do I start. Michael Moore is a pompous fool, and his failure to respond to your civil request to stop using a copyrighted photo without permission just proves the point.
To John Hamilton, Kerry, and Kent and Kay Hill. As a Marine, I refuse to engage in a battle of wits with an unarmed person.
Mr. Hamilton. If you have never been in harms' way, you have zip shit idea of "truth". I believe it was General Sherman who said, "it is a good thing that war is so terrible, lest we become too fond of it" War is about breaking things and killing people. period. no matter how you try, you cannot pretty it up.
Kerry. Before you blithely spirit off to the next "American Idol" combat blog, may I respectfully suggest that you read ALL of Mike's archives. Then if you haven't done so. read Moment of Truth in Iraq. But you will find that his writings contain many words that are multi-syllabalic. At least there are lots of pictures though.
Kent and Kay Hill. You are proof of Ron White's assertion about things that can't be fixed. Copyright law is objective. If Mr. Yon's photo is being used in a commercial manner, he has right to either have the photo removed, or to have acknowlegement of it's authorship, or failing that to be compensated.
and as for your "thnaks for your efforts"... Foxtrot Yankee
Keep well Mike, keep reporting the real news, and as always...
Check Six
Semper Fidelis
Regular readers know how often this photo has been used illegally, and immorally to promote anti-war, anti- US, anti-military agendas. Mike has fought like hell to make sure this photo is used for the right reasons, with his permission, as the owner/photographer.
Anyone who belives this is just all about the money and the fame, doesn't know crap about Mike or this photo. Give 'em hell, Mike!
John hamilton you jackass save the Michael moore comment, because we have already read it a million times, and go back to licking his balz fruit cake.
IMO, you might procreate
How about you go to afghanistan and create your own....
Its called PROPAGANDA.
for those that agree with him. If you don't, you are considered an idiot.
They don't want freedom of speech, they want their freedom of speech and
stomp on yours if you don't agree with them.
Michael Moore taints the truth to his own benefit. Gee, I think Al Gore also did
that when he used a computer generated picture of icebergs to sell his so called
truthful book, Inconvenient Truth. All liberals think the same. That's is why this
country is in the shape it is. I guess we shouldn't be surprised. Al Gore also
invented the internet, REMEMBER????
Keep going, Mr. Yon. The truth will prevail. You continue your freedom of
speech and we will continue our right to listen, in spite of the Moores, Gores and
other liberal idiots.
Your work is important and inspiring - keep up the good fight!
http://www.slate.com/id/2205150/pagenum/all/
http://everything2.com/index.pl?node_id=1234039
The left has an ongoing consummate and major psyops operation well in place...
For an implied inquiring mind you miss the real implications of Yonƒ??s position and likely his future. Yon is challenging one of the heralded champions of the left and thus has incited the left to use their many media methods to slam Yon. If a visit to the Huffington Post web site did not convey that reality then you are egregiously missing the point of the lefts discussion and ultimate intent. I can easily envision that Moore did not reply to the request because with the shock troops he knew his media cohorts could muster in defense of his argument and with Obama in power the legal issues will favor Moore. And besides the laws are only ours to follow and the Limousine liberal left is above the law. Moore has remained silent for seven months and remains silent while his organizational associates are loudly screaming in his defense.
And for the valuable issues Moore brings up they are all about socialism and I find that issue has nothing of value to add to the US. We are already too far advanced in that direction. Mooreƒ??s movie ƒ??Sickoƒ? is a sophistry of doctored information about good conditions in Cuba.
DonC wrote ƒ??I want you to be known as a 1st class reporter (which you are) and not someone who will probably end up being villified in the left wing press as a pro-Bush, right winger by people who haven't got the first idea what you have brought to us."
If Yon wrote anything positive about either operation then he is labeled pro-Bush and that is not bad unless you are from the left and are woefully uninformed.
The slug, michael moore, used that picture for reasons worse than just plagiarizing anotherƒ??s hard work. It is intentional lying that slurs all of our American military men and women. His anti-American propaganda is as bad as any from our enemies. He has emboldened the terrorists which costs more American lives. He is beneath contempt. I hope you to nail him hard.
Thank you for your service to the country and to our troops.
Semper Fidelis
Fight on. As you already know Moore is nothing but than a propagandist who will say and do anything to make money. He has no regard for the law, for truth, our military, America or anything that isn't part of his twisted little world. Semper Fi
You sort of proved the point about being right or left and nothing else. If you want to progress you should pick the best from wherever you find it and not worry about following some ideology. Don't you want a country that moves forward? Who cares if left or right is the correct way.
I read both Michael Yon and Michael Moore as I find them. I have found Yon's reporting hugely beneficial in times of ignorant mass media coverage. Moore comes with a lot of bullshit but means well and occasionally spots a flaw in the mighty American culture. You imply Yons future is as a right wing champion? I hope he is smarter and sticks to the truth but I don't know the man and it is none of my business. You say I should read Huff Post to get my opinions sorted. Sorry but those people are misguided and I am not interested in blind opinionated nonsense.
It's time to rise above the bullshit and to me Yon did it. This lawsuit has the potential to drag him down and, depressingly, there's a good chance that Moore is fully aware of it. If so then a healthy dissenter, even though I certainly don't always agree with him, is no better than the rest of the idiots involved in politics but will probably come out just that little bit stronger.
13BravoMom
So go after him Michael! Stuff like this just makes me sick.
Thanks for all you do over in the sandbox. My brother has just recently returned and filled me in on some interesting stories. Most of which coincide with your reporting on situations you see yourself in during your tours. I have never been a fan of Micheal Moore and it doesnt suprise me that he would stoop so low as to take the good nature of your photograph and twist it to his own agenda. The sad part is people like kerry, hills, and hamiltons buy in to this bull. Most likely they have never experienced war or have any understanding about the darker side of this world. Moore preaches about discipline when it comes to the Bush administrations spending on the wars. This coming from the guy who weighs well over 300 pounds shows he knows alot about discipline.
Big Fan.
I hurt inside and my eyes well up with tears.
Its heartbreaking.
WTF did this child do to deserve such a shitty fate ?
Let all the haters fight in an elevator. Leave the rest of humanity alone.
To everyone who is negative concerning the war in Iraq, why do you believe the US killing terrorists is a bad thing?
---> Mr. Evans, the Bush administration/ U.S. Pentagon are directly & indirectly responsible for the deaths of over ONE MILLION Iraqis, since just 2003. Sir, they were not all "terrorists". Almost surely, most of them were innocent human beings, caught in crossfire from one side or the other. Although not all the Iraqi victims were murdered by American soldiers or mercenaries, WE started it. Unnecessarily. Our prior (unelected) administration of war criminals knowingly began an illegal, immoral attack and occupation of a non-threatening sovereign nation. They are responsible for "shock and awe", for Abu Ghraib, for Fallujah, and so much more. America has become the TRUE terrorist. Unfortunately, however, the war crimes of the Bushites are no exception for the bloodthirsty, brutal US of A - merely more extreme than most. Please read "Addicted to War: Why the U.S. Can't Kick Militarism", a non-fiction comic book by Joel Andreas
(www.amazon.com/Addicted-War-U-S-Cant-Militarism/dp/1904859011/ref=pd_bbs_sr_1?ie=UTF8&s=books&qid=1233647274&sr=8-1) ,
and/or "Killing Hope: U.S. Military and C.I.A. Interventions Since World War II" by William Blum
(www.amazon.com/Killing-Hope-C-I-Interventions-II-Updated/dp/1567512526/ref=sr_1_1?ie=UTF8&s=books&qid=1233647452&sr=1-1).
A fact: 9/11 was either knowingly allowed to take place by the Bushites & the Pentagon, or was carried out with their backing (see
"The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11", by the Christian author Dr. David R. Griffin (www.amazon.com/New-Pearl-Harbor-Disturbing-Administration/dp/1566565529/ref=sr_1_1?ie=UTF8&s=books&qid=1233647824&sr=1-1);
or,
"The New Pearl Harbor Revisited: 9/11, the Cover-Up, and the Expos??",
also by Griffin
(www.amazon.com/New-Pearl-Harbor-Revisited-Cover-Up/dp/1566567297/ref=sr_1_2?ie=UTF8&s=books&qid=1233647824&sr=1-2)
People, the Bushites have tried to get us to believe a story with so many holes that a missile could fly through it. Please see:
http://whatreallyhappened.com/category/911
www.opednews.com/articles/Was-America-Attacked-by-Mu-by-David-Ray-Griffin-080909-536.html
Was America Attacked by Muslims on 9/11?
by David Griffin
I used to be *very* patriotic, until I moved abroad and started learning why other nations view us as they do. (Believe me, if you only watch US MSM, you'll never know.) Sadly, our grandchildren will probably CURSE what our generation has done to our country and planet, and the burdens (ecological, financial, moral, etc.) we've left them. There are many good Americans and Israelis, but our governments & militaries will likely be held up by future historians as anti-social, psychopathic monstrosities. The U.S. & Israel are reviled and despised as rogue states which wantonly and repeatedly violate international law - and yet Americans have the GALL to claim we represent "democracy" & "freedom"?! What a CROCK!. The truth is that we've cowardly attacked weaker (often resource-owning) nations / despoiled the environment with so-called "depleted" uranium (DU), napalm, etc. / wasted enormous sums on a poisonous, parasitic military-industrial complex responsible for much of what's wrong with the U.S. (and probably pays Mr. Yon's salary) / etc. Our nations' actions will be seen as precisely what mankind must NOT do - if we are to survive on this fragile, precious planet.
If anyone who contacts me via email is willing to exchange views in a mutually respectful manner, I will gladly do so. I will never attack you personally. We can learn from one another, even if we don't see eye-to-eye. But if you attack me personally, I will probably simply not respond to you, since flaming one another is not good for anyone, and wastes our precious time.
Sam Bolivar
StrivingForJust ice
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