Gawker removes Palin pages, settles lawsuit with HarperCollins

Not the first time Gawker and sister sites have faced legal challenges
*
HarperCollins says in a statement released Wednesday that the book publisher and the owners of a Soros-funded snarky leftist website have resolved the lawsuit HC had filed over a Gawker post which displayed photographed pages from Sarah Palin‘s America by Heart: Reflections on Family, Faith, and Flag.

Over the weekend, a federal judge ordered Gawker to remove the excerpts.

Here is the full HarperCollins statement:

HarperCollins has reached an agreement with Gawker resolving the lawsuit it filed against Gawker on Friday over Gawker’s unauthorized posting of pages from Sarah Palin’s then-unpublished book, America by Heart, which goes on sale today. In the suit, HarperCollins alleged that Gawker’s postings infringed the copyright in the book, and violated HarperCollins’ exclusive publication rights. On Saturday afternoon, Judge Thomas Griesa of the US District Court in Manhattan entered a temporary restraining order against Gawker. In an opinion issued yesterday, Judge Grisea stated that “the purpose of the copyright law is to prevent the kind of copying that has taken place here.” Judge Grisea’s opinion also said that Gawker “published what amounts to a substantial portion of the book” but “essentially engaged in no commentary or discussion”, and that it had “not used the copyrighted material to help create something new but has merely copied the material in order to attract viewers.” Immediately after the hearing, Gawker removed the offending pages from its web site as the Judge ordered.

In settling the case, Gawker has agreed to keep the posted material off its web site and not to post the material again in the future.

HarperCollins is gratified that it was able to resolve the dispute in this way. HarperCollins does welcome public commentary on its books so long as any book content is utilized in a manner that is consistent with the law.

At The Cutline, Michael Calderone oberved this is not the only instance of Gawker and its fellow traveler websites have been in legal hot water:

In a July profile of Gawker attorney Gaby Darbyshire, the New York Observer's John Koblin wrote that "the number of cease-and-desist complaints she has received has skyrocketed since 2007," with over 600 complaints against Gawker Media in the past three years. "Nevertheless," he continued, "Gawker very-very-rarely pulls down a post and only infrequently has legal problems that escalate."

This year, Gawker sites have run into controversy after posting images of Apple's next-generation iPhone prototype (Gizmodo), quarterback Brett Favre's "seductive" voicemails to a Jets sideline reporter (Deadspin), and an anonymous account of a Halloween night spent with former Senate candidate Christine O'Donnell (Gawker). None of those posts were pulled. So the Palin item certainly qualifies as a "very-very-rare" example.

- JP

Federal judge to Gawker: Take down the Palin pages (Updated)

Maybe their lawyers will "walk them through it"
*
The Associated Press reports that a federal judge in New York today ordered Gawker Media to pull leaked pages of Sarah Palin's new book America by Heart from its leftist moonbat blog:

The injunction prohibits Gawker from "continuing to distribute, publish or otherwise transmit pages from the book" pending a hearing on Nov. 30.

HarperCollins Publishers had sued Gawker after it published images on Nov. 17 from Palin's book before its release next week.

[...]

Gawker defended its action in a post Thursday titled "Sarah Palin is Mad at Us for Leaking Pages From Her Book" and addressed a message to "Sarah" telling her to read pages about fair use under copyright law. "Or skip the totally boring reading and call one of your lawyers," the post said. "They'll walk you through it."

HarperCollins filed its legal complaint Friday in federal court, arguing that the wacko website not be allowed to engage in what it termed "further copyright infringement." The AP says it couldn't immediately reach Gawker Media LLC to get a comment from the Soros-funded leftists Saturday, but they appeared to have pulled the embargoed pages from their sewer of a blog.

Perhaps the PDS-deranged "progressives" at Gawker should "read some pages about" infringement under copyright law. Or, they can "skip the totally boring reading" and call one of their lawyers who will "walk them through it."

Update: Stacy has a copy of the restraining order up at The Other McCain.

- JP

Gov. Palin's publisher sues Gawker for copyright infringement

Leftist website refuses to remove embargoed pages
*
HarperCollins, the publisher of Sarah Palin's forthcoming second book, filed a federal lawsuit against Gawker Media Friday for leaking pages of America By Heart: Reflections on Family, Faith and Flag ahead of its November 23 release date:

Two days before the Manhattan filing, gutter website Gawker published images of more than 20 of the open book's pages. Gov. Palin tweeted Thursday, "Isn't that illegal?"

Her publisher contends it is. The lawsuit asks that Gawker be banned from what it terms "further copyright infringement" and that Gawker deliver the source material to the publisher so it can be destroyed. HarperCollins is also seeking financial damages.

Gawker did not immediately respond to e-mails seeking comment Friday evening, but an item published the day before and titled "Sarah Palin Is Mad at Us for Leaking Pages From Her Book" defended the blog's actions and linked to websites defining the fair use doctrine of copyright law.

The blog was not the first site to publish excerpts from the book, which has been billed as a tribute to American values, but it refused to take them down after receiving a letter demanding that it do so, the lawsuit said. The Associated Press bought a copy of the book ahead of its Nov. 23 release date.

The 2008 GOP vice presidential candidate's first book, the memoir Going Rogue: An American Life, has sold over 2.7 million copies.

- JP

'Going Rogue' paperback already in some stores

*
Although the official release date of the paperback edition of Sarah Palin's Going Rogue memoir is Tuesday, August 24, a TX4P reader spied several copies on the shelves at a Costco in Washington State. Amazon and a number of other outlets are advertising it as "in stock."

According to publisher HarperCollins, the paperback has new material written by Gov. Palin, which is, we are told, in the form of a new afterword. It is available in standard and large print editions.

- JP

Quote of the Day (July 29, 2010)

*
Doug Powers at The Powers That Be:

"Sarah Palin’s got a new lib-tickling book coming out in November, so I hope the AP fact checkers relaxed after Going Rogue was released, because break time is almost over."

- JP

Covered: 'America By Heart'

*
Sarah Palin's publisher HarperCollins revealed the cover of the 2008 vice presidential candidates's second book today:

The cover photo for Sarah Palin's new book is a portrait in red, white, blue and gray.

The Alaska ex-governor and former Republican vice presidential candidate is photographed in close-up, wearing a gray sweater and American flag pin, which matches her flag bracelet. Her book, America By Heart: Reflections on Family, Faith and Flag, comes out in November.

HarperCollins has provided book outlets with this description of America By Heart:

"In the fall of 2009, with the publication of her #1 national bestselling memoir, Sarah Palin had the privilege of meeting thousands of everyday Americans on her extraordinary 35-city book tour. Inspired by these encounters, her new book, America By Heart: Reflections on Family, Faith, and Flag, celebrates the enduring strengths and virtues that have made this country great."

"Framed by her strong belief in the importance of family, faith, and patriotism, the book ranges widely over American history, culture, and current affairs, and reflects on the key values—both national and spiritual-that have been such a profound part of Governor Palin’s life and continue to inform her vision of America’s future. Written in her own refreshingly candid voice, America By Heart will include selections from classic and contemporary readings that have moved her-from the nation’s founding documents to great speeches, sermons, letters, literature and poetry, biography, and even some of her favorite songs and movies. Here, too, are portraits of some of the extraordinary men and women she admires and who embody her deep love of country, her strong rootedness in faith, and her profound love and appreciation of family. She will also draw from personal experience to amplify these timely (and timeless) themes—themes that are sure to inspire her numerous fans and readers all across the country."

- JP

Sarah Palin's second book has a title and release date

*
Sarah Palin's publisher HarperCollins has told the Associated Press that the 2008 GOP vice presidential candidate's second book will bear the title America By Heart: Reflections on Family, Faith and Flag, and it has been given a November 23, 2010 release date.

It will include "selections from classic and contemporary readings that have moved her," according to HarperCollins, along with "the nation's founding documents to great speeches, sermons, letters, literature and poetry, biography, and even some of her favorite songs and movies."

The book is inspired not only by her "strong belief in the importance of family, faith, and patriotism," but by some of the people she met last year while promoting Going Rogue. Palin skipped major cities such as Seattle and Los Angeles, traditional stops on most author tours, and instead focused on smaller communities more receptive to her conservative message.

"The book will also include portraits of some of the extraordinary men and women she admires and who embody her deep love of country, her strong rootedness in faith, and her profound love and appreciation of family," the statement from HarperCollins reads.

Tina Andreadis, a spokesperson for the publisher, said that details are being arranged for a book tour to promote the new volume. She added that the initial printing of America By Heart will be a million copies. The first printing of Going Rogue was 1.5 million. and and the book has sold over 2.6 million copies to date.

Andreadis says Gov. Palin will have a collaborator on the new book, but would not confirm that it will be author Lynn Vincent, who worked with the governor on her memoir. Andreadis would only say that she had "no specifics to announce yet." HarperCollins plans for the digital version of America By Heart to be released at the same time as the print edition.

- JP

Publisher: Sarah Palin already working on her second book

*
Her publisher announced Wednesday that Gov. Sarah Palin is already at work on a second book which will be a "celebration of American virtues and strengths":

Palin's memoir, Going Rogue, released last fall by HarperCollins, has sold more than 2 million copies. Her new work will "include selections from classic and contemporary readings that have inspired her, as well as portraits of some of the extraordinary men and women she admires and who embody her love of country, faith, and family," the publisher's statement reads.

[...]

In an e-mail Wednesday, HarperCollins publisher Jonathan Burnham said that "a number of ideas and concepts" were explored with Palin. "This is the idea which appealed the most to her," he said, adding that she is currently "gathering ideas and identifying favorite texts and examples."

According to HarperCollins, neither a title nor a release date has yet been assigned to the new book, as Gov. Palin is in the research phase of her work.

Though some Palin supporters will be disappointed that her follow up to Going Rogue will not be a tome for policy wonks, a volume with an inspirational and positive message may be just the right book at the right time. Americans could use some of both during this period of malaise ushered in by the Democrat's takeover of Congress in 2006 and the election of Barack Obama two years later.

We are reminded of JFK's Profiles in Courage, his 1955 book which not only won the young Senator a Pulitzer Prize and a great deal of admiration and respect, but helped him win the White House in 1960. Gov. Palin doesn't need to write a Pulitzer winner, but a book which celebrates the best of America and Americans would be the perfect "in-between" book to be bracketed by her memoir and a third book on policy later on.

This is another very smart move by Sarah Palin, in our opinion.

- JP

'Going Rogue' Goes Platinum: 1 Million Copies Sold

For Sarah Palin, "Books-A-Million" is more than just a chain of bookstores. Her Going Rogue memoir has already sold a million copies:

HarperCollins spokeswoman Tina Andreadis said Tuesday that just two weeks after publication, Sarah Palin's memoir has sold 1 million copies. The print run for "Going Rogue" has been increased again, to 2.8 million copies. The original printing was 1.5 million, then moved up to 2.5 million.

Other million-selling political memoirs are Barack Obama's The Audacity of Hope, Hillary Rodham Clinton's Living History and Bill Clinton's My Life. But did any of these book sell that many copies in just two weeks' time?

- JP

'Going Rogue' Outsells 'Living History' in First Week

From Joe Tirella of FOXNews.com: 

Sarah Palin, a favorite target of late night comedians and "Saturday Night Live" for more than a year, is having the last laugh. Her memoir, "Going Rogue: An American Life," has become the publishing sensation of the holiday season.

The 2008 Republican vice presidential candidate's autobiography has sold more than 700,000 copies in its first week of release -- including 300,000 on the first day alone.

Palin, a less-than-one-term Alaska governor, has even outstripped initial sales of Secretary of State Hillary Clinton's memoir, "Living History." The former first lady moved 600,000 copies of her 2003 autobiography in its first week of publication. But Palin came up short against two-term President Bill Clinton, who sold 900,000 copies of his 1008-page tome, "My Life," in the first week.

On Tuesday, "Going Rogue" was the No. 1 bestseller on both Amazon.com and Barnesandnoble.com. It also was Amazon's No. 1 bestseller in several categories, including biography, history, and non-fiction. And after ordering an initial print run of 1.5 million, Palin's publisher HarperCollins said last week that it ordered an additional million copies.

Despite claims by Palin critics that her memoir would not make a profit because it has been so deeply discounted, Jim Milliot, the business and news director of Publisher's Weekly, told FOXNews.com that Palin's publisher is still likely to make at least $4 on every copy of her book it sells. and because sales of Going Rogue will soon surpass 1 million copies, HarperCollins will quickly earn back the reported $5 million advance it paid the 2008 GOP vice presidential nominee:

"I think it's safe to say this was a good investment for the publisher," says Milliot.

The publication and brisk sales of Going Rogue have not only made the former governor of Alaska financially independent, but the launch of the book is a vehicle for her to possibly rekindle her political career:

"This book has allowed her to reclaim her political narrative," says Robert Costa, a William F. Buckley Jr. Fellow at the National Review, who has been blogging about Palin's book. "She has reclaimed her own story by writing it."

- JP

Going Rogue sells 300,000 copies on the first day

HarperCollins publicity director Tina Andreadis, who is travelling on the Going Rogue Book Tour bus, told the Washington Post that former Governor Sarah Palin's memoir sold an astounding 300,000 copies just on Tuesday alone:

Andreadis says that about 300,000 books were sold in the first day alone and that an additional 300,000 books have been printed after an initial batch of 1.5 million. She says the tour schedule has been and will be intense because "what the governor wanted to do was spread around the country as much as possible."

According to Andreadis, Palin and the publicity team at Harper developed the road map for the book tour "based on where her fans are and where we thought we could sell the most books." She says that Palin clearly had wanted to return to Michigan, where she kicked off the campaign Wednesday, because, as she made clear in the memoir, she felt the McCain campaign had abandoned the state.

300,000 books represents 20 percent of the entire first printing of 1.5 million copies sold on the first day. That's truly a staggering number of books, especially for a non-fiction title.

- JP

Strong Sales Spark Second Printing of Going Rogue

As we mentioned Friday, Sarah Palin's publisher HarperCollins has ordered a second printing of Going Rogue. What we didn't know at the time was how many new copies would be printed in the second run. At The Wall Street Journal, Susan Davis has our answer on Washington Wire:

HarperCollins Publishers is going back to press for an additional 100,000 run, bringing the total number of hard-covers in print to 1.6 million copies.

[...]

Three major booksellers declined to release sales figures for “Going Rogue” on Tuesday. However, a spokeswoman for Amazon.com Inc.’s Web site noted in an email that the title “is already one of our bestselling nonfiction books of 2009.” At 2:40 p.m., the book ranked No. 1 on Amazon’s list of best sellers, with six customer reviews and 393 customer discussions. Amazon is selling the book for $14.50, a 50% discount from its $28.99 retail price

- JP

Going Rogue Publisher Orders Second Printing

Buried way down, more than a dozen paragraphs deep in the latest edition of Mike Allen's Playbook at Politico, is this rather newsworthy item:

"PALIN POWER -- HarperCollins has gone back to press on “Going Rogue,” so the number of shipped books will be well over 1.5 [million copies]. Prepaid orders on Amazon alone are over 80,000. #1 on Amazon and BN.com."  

Talk about burying the lede! Oh yeah, it's anti-Palin Politico. Figures...

Wow! Just wait until the already-unhinged Palinophobic left gets a load of this. It's going to blow their doors down. Couldn't happen to a nastier bunch.

h/t: Mel Bryant at C4P

- JP

More on the Palin book tour (AP Story Updated)

HarperCollins spokeswoman Tina Andreadis told the Associated Press Wednesday that Sarah Palin's book tour to promote Going Rogue will run from November 18 through at least December 6.

Some of the stops on the tour are Grand Rapids, Michigan; Dallas, Texas; Rochester, New York and the U.S. Army post in Fort Bragg, North Carolina. The tour will also stop in Florida at The Villages, where as a vice presidential candidate, then Governor Palin drew a crowd of 60,000 in September of 2008.

- JP

Going Rogue: An American Life - on shelves Nov. 17th.

Yep, Sarah's book is finally done, about to go to the printers and coming to a bookstore near you!

Per AP/Yahoo

The 400-page book is the first for Palin, who has been an object of fascination since Republican Sen. John McCain chose her as his running mate during his 2008 presidential bid. The book will be titled Going Rogue: An American Life.

A huge first printing of 1.5 million copies has been commissioned by Harper, an imprint of HarperCollins.

Keep your eyes open for it, I have a feeling there will be a few more prints coming about.

- u

Updates...

Andrew Malcolm:

"Many in the mainstream media will also be eager to see how the Republican hockey mom praises them for their objective portrayals of her all last fall."

Allahpundit:

"Which avid audience will buy more copies, the Palin-lovers or the Palin-haters?"

Pamela Geller:

"I cannot wait.... watch the left grand mal seize. I love this!"

YankMcCain.com:

"It might be nice to read the thoughts of the person doing all the heavy lifting on the Republican side back then."

Ruby Slippers:

Wonkette writes:

'The title is… wait a second, we’re just getting our cyanide pill ready here, for when the post is over, because that’s what we’re going to do, take a cyanide pill…' 

Well don't let us stop you.

Mike Allen:

The phrase has its roots in an Oct. 20 story by Slate's John Dickerson, with the lead: "Has Sarah Palin 'gone rogue'?"

A little Star Wars trivia...

In Episode IV: A New Hope, as a pilot in the rebel forces, Luke Skywalker flew with "Red Squadron." By Episode V: The Empire Strikes Back, that X-wing group had become known as "Rogue Squadron." In the Star Wars "extended universe" Rogue Squadron is prominently featured in a graphic novel series, a nine-volume paperback novel series, and several video games. The unit is depicted as consisting of "the best pilots and the best fighters."

Sarah Palin is a rebel and the best fighter against the Obamanation.

- JP