Thursday, August 20, 2009

The Herald fires the first shot at Random Pixels

Greenberg Traurig Attorney Ian Ballon
The Miami Herald is still trying to bully and intimidate me over my (fair) use of a couple of their photos.

I just received this letter from the Herald's law firm, Greenberg Traurig.

It appears that the attorney, Ian Ballon, has done some sloppy research.

There are several factual errors in his letter.

Ballon accuses me of posting photos in a "large size, rather than in a smaller size."

In an email to the Herald's Suzanne Levinson, I pointed out that the photos in question were reduced substantially from the larger size posted on the Herald's web site. Ballon apparently doesn't communicate with his client.

Ballon also says that my blog has "many advertisements." My blog has a grand total of three local paid advertisements. The income derived from those ads wouldn't cover Ballon's latte bills at Starbucks for a week.

Ballon accuses me of "reproducing complete Miami Herald articles." He's partly right. I have posted older articles from the Herald archives. I contend that these articles (some 20 years old) are historic artifacts.

I do not cut and paste current Miami Herald articles.

If Mr. Ballon really wants to see an example of "cut and paste" blogging he need look no further than his client's web site!

Kyle Munzenrieder at Miami New Times emailed me a link to the Miami Herald's political blog where writer Lesley Clark has cut and pasted substantial portions of a National Review article with out so much as a link.

(The Orlando Sentinel's political blog goes Clark one better.) It appears that cut and paste is alive and well on newspaper blogs!

Click here to enlarge.

Click here to enlarge.


  1. "It's clear from a review of your blog -- and the many advertisers you run on it -- that you have copied Miami Herald articles in their entirety so that you can earn money from these articles."


    The HERALD can't even earn money from their articles, what makes them think Random Pixels can?

    Seriously, bill, that's what's behind all of this: the herald (misguidedly) thinks you are taking advertisers away from them. How many of your advertisers run ads on the Herald's site?

  2. Bill, for whatever it may be worth, I've got your back. Please keep us posted and know that, while this is undoubtedly aggravating, ultimately you're right and they're wrong.

  3. The herald is really amazing. Their newspaper is poorly run and they spend their time on this!

    You'd figure they would learn about the digital world instead of fighting it.!!!

  4. It's the ads. Get rid of the ads and they won't bother you.

  5. cut and paste? check out

  6. I find this very interesting considering some papers are wholesale stealing some bloggers work. Here in Tampa, the Tribune (Media General) has stolen full researched blog posts for their website. And I won't even get into HuffPo.

  7. Love the line in the second page of that letter to you:

    "You would not think it fair if a local newspaper started reprinting your blog on its website without permission..."

    That's what is happening in Tampa.


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