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Blogger Suit Against Huffington Post Dismissed
A federal judge dismissed on Friday a class action lawsuit by former Huffington Post bloggers who said they were entitled to part of the $315 million sale price to AOL because the website had profited from their work.
photo: Tarek Rizk / The Aspen Institute
Labor activist and writer Jonathan Tasini led the lawsuit, launched last year.
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The Guardian: Huffington Post bloggers lose legal fight for AOL millions
Bloggers hoping to put themselves on a more robust financial footing and close the gap between them and fully paid journalists are vowing to fight on after a New York court dismissed their multi-million-dollar lawsuit against the Huffington Post calling for compensation for exploitation of its army of unpaid commentators.
The ruling, slipped out relatively unnoticed at the end of last week, dismisses the argument made by a group of bloggers that their unremunerated contributions had provided a substantial part of the value of the Huffington Post and that they should therefore be entitled to some of the spoils of the site's sale to AOL for $315m. The bloggers demanded a third of the sale price, $105m, in compensation.
John Koeltl, who presides over a US district court in New York, rejected the argument outright. He ruled that the bloggers had been fully aware that their work was to be unpaid when they signed up for it, and so any compensation would be to rewrite the terms of their engagement retrospectively.
The lawsuit was launched last April by a labour activist and writer, Jonathan Tasini, who posted more than 200 unpaid columns for the HuffPo before the AOL deal went through. He framed the suit as a class action on behalf of an estimated 9,000 bloggers for the website. Now living in Sydney, where he is writing a book and blogging at www.workinglife.org, Tasini told the Australian newspaper that he planned to keep up the fight for compensation. "We're using the lawsuit to spark a movement and an organising effort among bloggers to set a standard for the future because this idea that all individual creators should work for free is like a cancer spreading through every media property on the globe."
In his ruling, Koeltl writes: "No one forced the plaintiffs to give their work to the Huffington Post for publication and the plaintiffs candidly admit that they did not expect compensation.
"The plaintiffs entered into their transactions with the defendants with full knowledge of the facts and no expectation of compensation other than exposure. In such circumstances, equity and good conscience counsel against retroactively altering the parties' clear agreements."
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Show AllPeople, and perhaps Ms. HP herself, I would submit, are terrified because the cat is out of the bag, but are ashamed to admit having been utterly led by the nose to the edge of collapse. It is as though it is better one sacrifice oneself as being dysfunctional in society than stand up with the truth. The system is utterly dependent on 'externalized' destruction of lives, ecosystems, integrity of information, etc. That means that the distancing of 'ancient' (either a century ago or last week) genocides, (distortion of survival of the fittest) is not an old and 'quaint' history, but does in fact apply to all of us.
And there you have it - a typical example of Marx's Labor Theory of Value, and the "inviolability of contracts" in all its enslaving glory. $315 million to a billionaire bitch; nothing to the people who created the $315 million of value. And, of course, any writer or writers who had attempted write a contract that includes a cut of the websites value would have been told to get lost and probably been blacklisted for being a "troublemaker".
Some publications have even stooped to hiring writers in India to write local news in the United States for pennies on the dollar. It takes a lot of gall, and lack of pride in one's objective, to do that sort of thing, but that's the state of the "glamorous" publishing industry these days. Publishers have never adjusted to the lower profit margins today, or figured out a viable Internet model. All they have left is their ability to cut labor costs.
And all of this is happening as people read less and less.
The fact that this exploitation was carried out by Arianna Huffington and company is no coincidence. She's always been somewhat of a Frankenstein monster on the public scene. She convinced her oil-rich then-husband to run for elected office on a conservative platform in Santa Barbara County (he lost, they got divorced). Next, she pops up with a "liberal" news site, exploits her writers and turns it into a celebrity gossip pub to grab ads. She finally sells out to AOL, a company past its prime looking for content so that it can sell ads and leverage its thinning audience.
Lots of people think that everyone benefits from capitalism. But the objective of capitalism is to turn a profit for the capitalists or investors while externalizing costs (typically labor, pollution cleanup costs, etc.). Historically, that's meant operating in an extractive and exploitive manner - at home and especially abroad. Human nature is very different, being cooperative and social, but that doesn't matter under capitalism, or it's something to exploit.
While it may once have been the case that writers had some status and maybe a livelihood of sorts, none of that matters when the business case is mapped out, even though the writers are the talent. The real business is selling eyeballs to advertisers, something that Huffington (an economist) got. It simply doesn't matter what material is put into the machine of capitalism. If they could sell child labor for a profit, they'd do that too. Pink slime - it's a-OK. Capitalism is amoral and the antithesis of people's sense of justice in the world, but it's 100 percent supported by the legal system. Ultimately, in our world, capitalism is based on the ability of the state to use force. Many people in the United States think that any critique of capitalism is Marxism, and will turn off from contemplating this mess. But all of this is just common sense. It's how it works, example after example. And it's getting more and more extreme here in the belly of the beast in the United States.