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.
RIP, JOHN OLESKY
6 months ago
10 comments:
* 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.
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.
If only she had used a clearer caption, like "Capri has gotten her picture taken with several non-embarassing democrats"
thanks for writing this Pho.
Excellent piece.
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).
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...
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.
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.
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...
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.
http://wordcage.blogspot.com/2005/06/two-things-i-promise-never-to-write.html
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