Friday, April 28, 2006

EMILY's List and their Sticky Virtual Fingers

If you haven't heard the story yet, the EMILY's List generated anti-Cafaro flier I posted yesterday featured a photo lifted from Scott Bakalar. Scott had gone to the trouble to obtain and post a Creative Commons license, so lifting without attribution was definitely uncool. What's more, I don't want future MTB subjects to be reluctant to participate because photos may be lifted to make them look bad. I *cough* *cough* I *gag* agree with Pounder (in comments at the 'Billy) that if the Sutton camp had approached me for using the photo, I would have declined. Well, I should have -- would've depended on my mood and the proximity to Cafaro lying about me on air . . .

Like George, I notified the Sutton camp about my concerns and am waiting for a reply.

Here's the thing. The EM-List flier was sent in their independent 527 capacity. My understanding is that in that capacity, EM-List can't spend money in coordination with Sutton's campaign. That's why the disclaimer that "it's not endorsed by any candidate."

I don't think Sutton should hide behind this fact, but she has to be careful of it. If she were to issue a statement saying that her campaign made a mistake or even that she takes responsibility for the unattributed use of the picture, it could be read as an admission of illegal coordination. What she needs to do at this point is give the issue to an election lawyer to draft a statement saying essentially that she's sorry people advocating for her but on their own dime did something that infringed on the rights Scott reserved. I sincerely hope this is happening, but fact is it will take time and the Sutton campaign is busy with . . . what's the word . . . campaigning.

Of course, the best outcome would be an abject apology from That Girl's Group with the Stupid Name* for both the insult to Scott's CC license and the embarassment to the Sutton campaign. Given the constant arrogant tone emanating from Chez EMILY, I am officially not holding my breath.

*Good for 10 PhoPoints.

Meanwhile, today's mail brings a second anti-Cafaro flier with a second picture lifted from Scott.

Plus -- bonus! -- the fake Cafaro newspaper with its fake endorsments page as reported by Ohio 13 Votes:

I need a bath.


Anonymous said...

* West Wing
Season 2, Episode 1

Said by Toby to C.J.

"Bartlet likes the work you did with that girls group with a silly name."

sorry not a registered blogger though! I'll come collect my points later.

Scott Piepho said...

Nicely done, Anon. Just drop your name in a comment. I have Anon's SiteMeter readout, so don't anybody try to impersonate him/her.

Anonymous said...

no, no, it was me!!


I don't like that Capri thing. Let's see,what's worse, imply the D leaderhisp likes you, or having a national group send out meanie flyers for you.

tough call.

k-pho said...

If only she had used a clearer caption, like "Capri has gotten her picture taken with several non-embarassing democrats"

scott bakalar said...

thanks for writing this Pho.
Excellent piece.

FamineHorse said...

Sorry Red, that's an easy one.

Nothing in EMILY's mailer was a lie or a distortion. It is all true. Yes, EMILY should have asked for permission to use the pic. And, we have no proof that EMILY coordinated the mailer with the Sutton campaign.

SMH's mailer is a total distortion designed to give the appearence that all these folks endorsed her candidacy. That is crap & if I were one of those elected officials, I'd be ringing her up & demanding a public apology--they are now tainted by association with her. (The Sherrod Brown pic is espescially pathetic--it looks like she jumped into the photo at the last second).

George Nemeth said...

The sure aren't too busy to SPAM me with press releases.

I need to get a MTB logo for the mics. THAT would prevent someone from lifting other people's photos...

k-pho said...

Faminehorse - I don't see much difference. Saying nothing in the Emily's list thing is a distortion is pretty disingenuous. They put the AP quote about Capri skirting campaign finance limits under the stuff about her getting IMMUNITY in a CONGRESSMAN'S BRIBERY TRIAL hoping people will think Capri=bribery, without actually saying it (which COULD lose them a defamation suit).

Capri tried to make it look like people had endorsed her without actually saying it.

Both are distortions.

CampaignAddict said...

"You mean Emily's list? Thats womens group with the stupid name? It means Early Money is Like Yeast, it helps raise the dough."

Does that get me points being that anon beat me to it?

And i want to thank you Pho for amking the distinction that few other bloggers have been able to make between 527 attack add's that Mrs. Sutton has no say in and the Sutton camp itself.

Anonymous said...

I think if we've learned anything from this its that Pounder/staff/russell knows nothing about campaign finance.

This is at least his fourth pretend campaign finance conspiracy. So far he's been wrong about the PD and the FEC, how candidates get the ODP stamp for mailers, Sherrod's mailer/endorsement from that small nonproliferation group whose name I cannot recall and now this Sutton 527 nonsense.

At about 0/4 maybe he should quit and stick to what he knows, like more slobbering on Joe Sulzer.

fansnote said...

Did anyone receive flier from Emily's List in support of Betty Sutton entitled "Want to give Washington lobbyists a bad case of heartburn?

Is it just me, or does the photo of the "lobbyist" with the heartburn smell vaguely anti-semitic? In light of the recency of the Abramoff scandal, the lobbyist with what many might consider semitic physical features in and of itself is what it is; however a closer inspection of the coffee cup he's holding is unique (perhaps a jewish soldier of antiquity subjugating a commoner").

I personally think Sutton is a worthy candidate, but a well-funded campaign group such as EMILY's List will produce a flier with care, meaning, and certainly unwritten subtleties. The flier's precision is likely not an accident.

The stridency of the dozen or so fliers of Betty Sutton that I've received at my home are heavy with acrid volleys, and light on any meaningful issues.

A Betty Sutton win on Tuesday may very well be a pyrrhic victory should EMILY's List continue to support Sutton and stifle her own vision for the 13th.

Anonymous said...

EMILY's list isn't some secret society with all these secret nefarious goals, they raise money and help progressive women win elections. There's not really much more there.

They don't have a devious secret agenda, they don't shill for any corporate interests, I don't think they even have any lobbyists...

marybid said...

Wow, that's a nice photo montage!

I will have to use this pic in my future campaigns, to demonstrate how I have established relationships with two significant sports figures.