Michael's Dispatches

Michael Moore Lawsuit

65 Comments

Due to many meetings and holiday travel, I am still working on pieces about the incredible U.S. soldiers who took me on some dangerous missions in December.  Also, my trip with Secretary of Defense, Robert Gates, harvested important information.  I can say this about Gates, as someone who will spend a lot of time on the battlefields this year, I am very happy that both President Bush and President-Elect Obama tapped Gates on the shoulder.  Gates is a winner who is watching out for our service members as well as the United States.  I also had a long and important meeting with General (ret.) Barry McCaffrey.  His trip reports from Iraq and Afghanistan have been brutally honest.  I have great respect for this American warrior.  I had other important meetings in Washington with thought leaders such as David Kilcullen, Ph.D., and I met with Fred Kagan, Ph.D., in Bahrain.  I saw Fred Kagan on an elevator and immediately asked for a meeting, which proved valuable to me.  Over the past few weeks I’ve also talked with very high-ranking U.S. officers about Iraq and Afghanistan.  My confidence on Iraq continues to grow.  Still, there is much concern about Afghanistan-Pakistan.

During my trip to Washington, D.C., I had a chance to catch up on some matters neglected while I was overseas.  My attorney may have to file a lawsuit against Mr. Michael Moore.  In May we contacted Mr. Moore, through his counsel, about Mr. Moore’s unauthorized use of my work on his website.  He did not respond.  My attorney has written again.  If Mr. Moore and his counsel continue to ignore our correspondence, we will proceed with a lawsuit. 

This lawsuit, though, should not be a distraction from combat reporting; the proceedings should be easy and require almost zero hands-on work from me.  But it will be potentially costly.  I’ve never sued anyone in my life.  Looks like Mr. Moore might be the first.  I told one very important person recently about the possible upcoming lawsuit and he said something like, “Someone should drive a stake through that guy’s heart.”  It won’t be that bad, but copyright cases are interesting and we have to deal with them often.  If you want to help me as I both prepare to return overseas and take on this lawsuit with Mr. Michael Moore, please hit the PayPal button.  This lawsuit could be expensive for Mr. Moore, as well.  My attorney advises that our position is strong.  It is senseless for Mr. Moore to ignore this matter.


 

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  • This commment is unpublished.
    Mister Snitch · 9 years ago
    If you want contributions re Moore, it would be helpful to link to a post explaining the suit.
  • This commment is unpublished.
    Michael in LH · 9 years ago
    "In May we contacted Mr. Moore, through his counsel, about Mr. Mooreƒ??s unauthorized use of my work on his website. He did not respond. My attorney has written again. If Mr. Moore and his counsel continue to ignore our correspondence, we will proceed with a lawsuit. "
  • This commment is unpublished.
    Ron Coleman · 9 years ago
    Gelt I don't have so much, but if you need another oar on the legal front let me know. This sounds fun and is pretty much up my alley.
  • This commment is unpublished.
    Byron Schriever · 9 years ago
    should be accomplished by a competant attorney at no cost to you on a contingency basis.
  • This commment is unpublished.
    Scotch7 · 9 years ago
    #NAME?
  • This commment is unpublished.
    HomefrontSix · 9 years ago
    is here ---> http://www.michaelyon-online.com/michael-moores-crime.htm .

    There's a "Search" box to the left, should anyone need to use it.
  • This commment is unpublished.
    Anthony J Codispoti · 9 years ago
    I would be proud help you to legally pulverize that filthy, bloated, unpatriotic slob.
  • This commment is unpublished.
    Hugh C. Daly · 9 years ago
    Go get Moore. I'd love to put my foot through His ugly face.
    I own a film/video Production Company located in New York for past 30 years.
    NOT ALL members of the New York Media Elite are Left Wing Moore supporters.
  • This commment is unpublished.
    kc · 9 years ago
    If he's using a photo you took (from the looks of the original post) send a DMCA takedown request to the web host. They are obligated to remove the content; no lawsuit needed.
  • This commment is unpublished.
    Zeno Davatz · 9 years ago
    Dear Michael

    I recommend you _not_ to sue Michael Moore over copyright. Call him personally (or write an open letter in form of a Blog-Post to him) and ask for a take-down of your unauthorized Photos or Text. He will have to comply. What you need is support from the Blogging-World. You need to let the the Blogging-World know, that Michael Moore is no Robin Hood but a Rip-Off-The-Blogger kind of guy. Michael Moore wants to be seen as Robin Hood but as you seem to know by experience he is not. He is obviously more of a bad character then many think he is. Write one, two or three or more detailed Blog-Post about what Michael Moore did with your work and how he ripped you off! Write about it. Let the world know. It is cheaper and more efficient.

    Really, save the money and_the_energy_ for your trips.

    If Michael Moore sues you first, then you need a lawyer. Wait for that.

    Best
    Zeno
  • This commment is unpublished.
    DonC · 9 years ago
    Looks like its removed now anyway... Good because these people have strong, vicious, unquestioning supporters who cannot accept that Michael Moore can do any wrong or that the US government can ever do any right. They would have played nasty I'm sure, even though you have every right to protect your work and, if all other avenues came up blank, would really have no other option. I am not anti-Michael Moore and think he has raised worthwhile issues away from Iraq but people do not seem to treat his words with the same healthy skepticism that they treat their elected officials.

    The best you can do is keep up your balanced, direct reporting - you can't argue with that.
  • This commment is unpublished.
    AlphaCharliePapa · 9 years ago
    I thought Moore was a Canadian? Anyway, good luck. I can't stand the guy. His books make wild accusations and his movies? Talk about "propaganda"!
  • This commment is unpublished.
    Marjorie Harris · 9 years ago
    I wonder why your attorney won't sue on a contingency basis as Bryon stated above. Someone needs to take MM down and I know of no one better than you! I have been reading your posts and supporting you with my tiny check each month for many months and I will continue to. I'm a 74 year old widow and while my money is tight, I believe in what you do and I want to help. I wish I were rolling in money, I would certainly send you a bunch! Be safe and God bless you for the work you do and the truth you write.
  • This commment is unpublished.
    Some Soldiers Mom · 9 years ago
    here's Michael's (the good one) original post on this
    http://www.michaelyon-online.com/michael-moores-crime.htm
  • This commment is unpublished.
    Rick Gordon · 9 years ago
    Suit the bejesus outta the bastard. He should have been charged with treason a long time ago. A pity we don't any polititions with guts anymore.
    You're the only place we can get the truth about what's going on over there. Thanks for all you do.
    Watch your six
    Rick Gordon
  • This commment is unpublished.
    Noah Keran · 9 years ago
    As a longtime reader and admirer of your reports from the front, I was startled to read your brief paragraphs about Michael Moore. It is astonishing how a momentary lapse of judgment can undermine years of thoughtful and valuable reporting...yours. Your publishing of the remark, "he said something like, 'Someone should drive a stake through that guyƒ??s heart.'ƒ? is symptomatic of the intolerance that is fraught in the media and politics in the U.S. and not worthy of you.

    You are, in effect, suborning murder. A thoughtful person would have been repelled by this remark from the "very important person" you quoted. It's astonishing you would then find something resonant in it, much less then to reprint it in your journal. (But you sure have brought all the right-wing I-hate-that-liberal-Michael-Moore bugs out from under their rocks.)

    Whatever claim you may have against Mr. Moore, you have not done anything to invite sympathy for it by publishing street trash talk. I hope you will be wise and big enough to publish an apology to Mr. Moore and to your readers (except the sad ones who may have found it resonated with their own biases against the man, having nothing whatever to do with your claim against him).

    If, in fact, Mr. Moore has violated your copyrights, you will have my support in pursuing him legally and by direct appeal. But for you to publish that obnoxious and vicious remark makes you certainly no better than the rabble who shoot presidents and otherwise claim their God-given right to take the law into their own hands. If you have a legitimate claim against Mr. Moore, by all means, go for it, but please take the high road. Stumbling through the dark alleys of dangerous and hate-filled rhetoric is anything but.

    This is not trivial, Mr. Yon. You have stepped over a line, and you should take a breath and tell everyone you published that trash in a moment of heat and pique and that you shouldn't have done it. You can do that. We all say things we later wish we hadn't. The difference is we don't all publish them for all the world to see. It's time for you to step up. We will all think the better of you for it, and it will be behind you.
  • This commment is unpublished.
    Jared · 9 years ago
    ..that quote was pretty funny myself. It even made me chuckle for the first time today at work!
  • This commment is unpublished.
    Evilleramsfan · 9 years ago
    Noah, your reading of Michael's comments are assinine. Is or was he advocating 'driving a steak through his heart'? No. Anyone with even half a brain would realize that. The reference was that Moore is akin to a vampire and is a blood-sucker (or in this case, a copyright infringer, which would make him a money-sucker). I have absolutely no issue with that. You are taking the proverbial mole-hill and are turning it into Mount Everest.

    Michael, best of luck to you should this suit come about. Voltaire said 'I was never ruined but twice; once when I lost a lawsuit and once when I won one.'
  • This commment is unpublished.
    wyderp · 9 years ago
    go ahead and sue michael moore if he wants to use your material illegally, but don't do it because you hate him. didn't everything michael said about the bush and the iraq war end up being true? -- bush assisting relatives of OBL, invading iraq when it had shinola to do with 9-11, rumsfeld and bremer f'ing up reconstruction. some of the comments posted here are just scary. jesus, people, this isn't the red sox vs. yankees, you have to question your own country to keep it in check, and that is exactly what moore does. a little obsessive? perhaps, but so what? the administration is who you should go after, for war crimes and lying us into a war. i have as much of an anger problem as some of these people who post comments, but at least i'm furious that 4000+ soldiers had to die in a war that by all sorts of evidence was COMPLETE B.S.
  • This commment is unpublished.
    Jim T · 9 years ago
    Michael I hope your attorney has made clear what is the "best case" outcome of a lawsuit ... US copyright law basically allows 1) injunction to stop current and prevent future use; 2) actual damages and "profits" attributable to use of copyrighted material (in this case actual damages and profits would appear to be zero) ~OR~ "statutory damages" which may be hard to collect in any significant amount as it was probably some no-name staffer who used the pic; and 3) *maybe* recover costs and attorneys fees if the court feels like it. Further it doesn't appear that there is any evidence to support criminal infringement.

    Oh, and Noah, grow up. Quoting a guy as saying "someone should drive a stake through that guy's heart" is no more suborning murder than yelling "kill the umpire" at a Red Sox game. Geez louize what a priss.
  • This commment is unpublished.
    Shepherd Book · 9 years ago
    wyderp: No, it is no more true now than it was then. Moore has mastered the ability to present facts in the service of absolute falsehood.

    Noah: Did you condemn Air America's Randi Rhodes for "suborning murder" when she would ask about Bush, "What can we do about this or that," and follow it with the sound of a gunshot? That was much less likely a metaphor than the incident Mr. Yon reported.
  • This commment is unpublished.
    Crafty Hunter · 9 years ago
    Not that I disapprove of anything that will cause pain and suffering to that lying sack of ... lard Michael Moore, but I'd have to echo the sentiment that a simple DMCA takedown notice is best with which to begin. Then, if he puts the picture back up, you can show the court that not only did he ignore letters, he knowingly repeated the copyright infringement. This will put you into a stronger position to claim statutory damages, I think. IANAL, nor do I pretend to be one on the Intarwebs, but I do have a healthy wariness of the mess that is the U.S. legal system from many years of reading about it and the people who are mangled from contact with it.
  • This commment is unpublished.
    John Carroll · 9 years ago
    It seems the US history I once studied indicated that traitors were hanged .....
    We've gone soft on the internal enemies of our nation
  • This commment is unpublished.
    mcarroll · 9 years ago
    as an artist and former soldier, i can't stand moore - who stabs are nation in the back with his propaganda under the guise of his constitutional rights. he is plain and simple a traitor and i think he should be tried for treason. sorry to offend you noah and other like-minded pansies. and stealing one's creative work gives me one more reason to dislike this spoiled swine. i will paypal you some funds michael.
  • This commment is unpublished.
    K Watson · 9 years ago
    Last time I checked Michael Moore was a Canadian so the US government could not accuse him of treason. Now since he is not a US citizen the government could always deport him back to Canada.

    To Mr. Yon
    If Mr. Moore took your photo off of his web site once you informed his staffers that he was not allowed to use it, then there is nothing you can do. If you are waiting on a letter of apology from either him or his lawyer then I think you will be waiting a long long time for that to come and it is sure not worth suing Mr Moore over just for an apology. Thatƒ??s just my two cents worth.
  • This commment is unpublished.
    mike e · 9 years ago
    Great, Id love to see the ignorant fat bastard sued.

    He needs to suffer for his support of al-qaeda, his anti-American Fakumentaries, his ridiculous assertion that saddams WMD and ties to al-qaeda posed no threat to the US and his description of al-qaeda as "freedom fighters". MM is a traitor with the blood of coalition troops on his hands. I hope Bushes victory in Iraq and the birth of a free democracy in that country haunts the slug till his death.
  • This commment is unpublished.
    A friendly voice fro · 9 years ago
    Please do not sue until you have exhausted the provisions of the DMCA take down process.
    It is an extremely powerful tool when situations such as this occur where the copyright violation is so blaringly obvious.

    You will have a direct complaint against the web host company, which has to be a more rational actor than the publicity hound and leech Mr. Moore.

    If Moore switches web hosts to avoid your DMCA takedown notice, you then have further action that will provide you with the fodder to seriously pursue Mr. Moore's corporations for substantial liabilities as compared to what will end up a token sum in an y judgement if you win your lawsuit at this time without first pursuing the DMCA route.

    Best of Luck to you in 2009 from a faithful reader of 4+ years,
  • This commment is unpublished.
    Steve D. · 9 years ago
    Fairly new here, so I'm not sure if calling Moore a Canadian is some sort jest because we seem to have more than our fair share of flakes/dimwits/far left loons, but he ain't ours. Flint Mich. born and bred; straight from the horse's mouth in every one of his crockumentaries.
  • This commment is unpublished.
    casstx · 9 years ago
    Mike, whatever you end up doing with Michael Moore, get er done and do it well, it's about time he went down. Good luck! I think plenty of lawyers would be willing to help you, especially those who served.
  • This commment is unpublished.
    AflakDuc · 9 years ago
    Isn't it ironic how he uses the picture that you describe in your book as a turning point in the war because of the picture? - yet he makes it look like the American soldiers killed Farah. but all his followers will BAAAAA and go with it like sheep. Good luck & stay safe.
  • This commment is unpublished.
    Mike Manus · 9 years ago
    you da man! take em' down.
  • This commment is unpublished.
    Mark Burden · 9 years ago
    Of all the anti-American Hollywood types in this country, Michael Moore is at the top of the list. I truly hope you proceed with the lawsuit. Let them all move elsewhere and see if they can make a living as they do here.
  • This commment is unpublished.
    Barbara McAlvin · 9 years ago
    Dear Michael,
    I've read you since the beginning and so admire you and thank you for your irreplaceable work. Since 2003, I've supported (and made friends with), eight active-duty, in-theatre soldiers, through Soldiers Angels, Patti Patton Bader's wonderful group of volunteer penpals supporting our hereos. However, I'm going to turn some of my contributions and attention to you, and I offer a friendly challenge to all who read your dispatches to make Michael Yon their #1 contribution this year. Dear Readers, if your company will make a matching contribution, that's double the contribution to Michael. Thanks for all you do, Michael.
  • This commment is unpublished.
    Nashvillewriter · 9 years ago
    Regarding Michael Moore:


    He is a left-wing two-faced narcissistic blowhard! This liberal sacred cow needs to "downsize" more than his over inflated ego! He loves to bash the rich, the powerful, the conservatives, the religious right, corporate America, and yet, he's the one making millions off of his books and movies! He attempts to be entertaining, hilarious and comical in his rantings, while making fun of the aforementioned folks, and yet he's the one laughing all the way to the bank! His rant against corporate America and the "rich fat cats" gets old, especially in light of the fact that he fails to mention he has become one himself! Sure, he would love for you to believe he's a regular working-class guy in a baseball cap, but that is hardly the case. His attacks are divisive and not conciliatory. Any of the legitimate points he has ever made have been overshadowed by his hatred of Conservatism, which is unfortunate. Many of his statements are often contradictory and always self-serving; he obviously does little-to-no fact-checking; he has a habit of launching personal - and even legal - attacks on those who dare to disagree with him. A great read for those who love to be enlightened is the book, "Michael Moore is a Big Fat Stupid White Man." It's unfortunate that so many leftists love his propaganda so much they'll believe anything he says.
    Mr. Yon, I am more than happy to contribute to any legal expenses you incur regarding Michael Moore!
  • This commment is unpublished.
    Chuck Farias · 9 years ago
    Mr. Moore is a slob who has found a way to financially capitalize on
    distorted and twisted hogwash. He is an opportunistic left wing vampire that sucks on the blood of socialistic bleeding hearts. I second the notion that someone should drive a stake through his blubberish heart. And yes, if this is spreading "intolerance" as the pious Noah suggests then so be it. Intolerance is the only thing that will save this country from completely going to the dark side as it leans too far left.
  • This commment is unpublished.
    Tavallai · 9 years ago
    ...you should be well aware and accepting of the fact that your photos may well end up being re-interpreted by different newsmakers and the wave of public opinion.

    But then, are you actually a photojournalist? Or an ex-pawn/now shill for a crumbling empire that has failed to win any major conflicts in the last 50 years, despite massive technical and financial superiority?
  • This commment is unpublished.
    mike e · 9 years ago
    Tavalli: "But then, are you actually a photojournalist? Or an ex-pawn/now shill for a crumbling empire that has failed to win any major conflicts in the last 50 years, despite massive technical and financial superiority?"

    You are confused, Yons not a Soviet. Hes a Yank and since 1959 they have won wars in Nicaragua, Grenada, Panama and Kuwait, not to mention the cold war. Now they have added Iraq to thier list of wins. It hurts you I know, I hope you get over it.
  • This commment is unpublished.
    Chad OSpear · 9 years ago
    Enough is enough, Mike. Hit him where it hurts!
  • This commment is unpublished.
    Christian Braham · 9 years ago
    Yeah Mike, go after that vile SOB.
  • This commment is unpublished.
    Heather SSG Allen · 9 years ago
    I hate that it has to fall to you to make this idiot own up to being, well . . . an idiot, but, I am glad that someone finally has the opportunity to make him face some consequences to being . . . an idiot!

    I love all of your dispatches, I can't go and do it anymore, you stay right in the middle of it and your honesty is refreshing. Thank you.
  • This commment is unpublished.
    Jeff N · 9 years ago
    Numerous websites have posted photos they didn't have authority to do. What happens? They pay, or they remove the photo and don't pay. In a few cases, litigation ensues, and the photographer or rights holder may recover a thousand bucks or so, usually paid by the website's Errors and Omission insurance policy.

    The only thing noteworthy here is that a rightwing nutjob photographer sees a chance to go after a leftwing icon activist, and get cheers from the usual rightwing nutjobs.

    Moore won't be involved personally in any little suit like this. A lawyer for his web company will reply, and at the most they'll end up having to send a check to the photographer, which is fine. But Moore won't even be involved. Yawn... What else is on Page Six this morning?
  • This commment is unpublished.
    Figaro · 9 years ago
    Smart move, Mr. Yon. Considering how much Moore is hated by the Right Wing you're legal bills are just about guaranteed paid. I don't suppose that figured in your decision to sue, did it?

    I assume you realize that the outpouring of sympathy has nothing to do with you and everything to do with striking at Michael Moore?
  • This commment is unpublished.
    Frank Gleeson · 9 years ago
    Yon you are an opportunistic SOB! You are not interested in the truth! You know your law suit fees will be paid for by wackos on the right who also hate the truth!
  • This commment is unpublished.
    Dolphie · 9 years ago
    Hello Michael. Please do continue forward with the lawsuit. Moore is no better than anyone else - if the average person steals copyrighted material, they must pay the penalty. The fact that Moore stole the material, is using it out of context and he has refused to respect your request means he has no respect for artists, artwork or other talented people. If you need help with funds, please let us know of a way to contribute.
    Thank you also for all you do with your blog.
  • This commment is unpublished.
    Dennis Landry · 9 years ago
    I'm amazed at the vitriol contained in the comments regarding the Micheal Moore lawsuit. I don't believe anyone who has read Micheal Yon's postings and book can come to the conclusion that he is a right wing nut. Having absorbed too much material to even list Mr. Yon is, in my opinion, as objective as you're going to get. For those who limit their intellectual exercises to name calling I understand.........it's been so long since you've been exposed to objectivity of any degree that you don't recognize it when it appears.
  • This commment is unpublished.
    Little · 9 years ago
    You filed a claim for $150,000 against the US Army over this photo in 2006. And now you say "I never sued anyone in my life"? Wow.

    You are trying to get Right Wing sympathy and money by suing Moore. That photo is everywhere.

    Pathetic.

    http://www.militaryphotos.net/forums/archive/index.php/t-71609.html
  • This commment is unpublished.
    big daddy · 9 years ago
    Maybe with this lawsuit he will move to Iran. Wouldn't that be good for America. Whatever happens I hope he never comes to Canada. We get all your rejects and this is a reject if there ever was one.
  • This commment is unpublished.
    Eric T. · 9 years ago
    Way to go... Somebody needs to take this asshole to the cleaners! Michael Moore has gotten rich off the American dream and turns and bites the hand that fed him! Does anyone think this guy looks like a Yorkshire Hog with a baseball hat on!.... LOL!
  • This commment is unpublished.
    Eric T. · 9 years ago
    Way to go... Somebody needs to take this asshole to the cleaners! Michael Moore has gotten rich off the American dream and turns and bites the hand that fed him! Does anyone think this guy looks like a Yorkshire Hog with a baseball hat on!.... LOL!
  • This commment is unpublished.
    Eric T. · 9 years ago
    Way to go... Somebody needs to take this asshole to the cleaners! Michael Moore has gotten rich off the American dream and turns and bites the hand that fed him! Does anyone think this guy looks like a Yorkshire Hog with a baseball hat on!.... LOL!

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