Category: Celebrity News, Technology Author : Duncan Riley Posted: December 21, 2008
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Simon Cowell is a Blog Bully


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simon-cowell-dickheadAmerican Idol host and professional dick Simon Cowell is known for being a cad, and that apparently reaches to the blogosphere.

One of our writers ran a quick post yesterday highlighting the fact that Simon Cowell has hairy man boobs. A touch in jest naturally, and the image was widely featured on celeb blogs.

Then we, and presuming the other sites received a legal threat from Cowell’s lawyers claiming among other things that running the photo breaches Cowell’s rights under Article 8 of the European Convention on Human Rights.

The lawyers are American, but apparently they’re incapable of filing a compliant DMCA request. We’ve removed the photo: at the end of the day it’s not worth a fight over, but ironically it took about 2 seconds to find a similar 12 month old shot that wasn’t mentioned in their email.

Here’s what a letter from a Grade A blog bully looks like. As of now we won’t be offering Cowell anything other that negative coverage in the future.

LAVELY & SINGER
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
2049 Century Park East, Suite 2400
Los Angeles, California 90067-2906
Telephone: (310) 556-3501
Facsimile: (310) 556-3615
www.LavelySinger.com

December 20, 2008

VIA E-MAIL

inquisitr.com
c/o NameCheap – registrar

VIA E-MAIL

Media Temple, Inc. [Host Server]
8520 National Blvd., Building A
Culver City, CA 90232
Re: Simon Cowell / Privacy & Rt of Publicity Violations
Our File No.: 3691-5

Dear Sir:

We are litigation counsel for Simon Cowell. This letter is written to you because you and your company (“you”) have posted a number of unlawfully obtained photos of Simon Cowell on your website at the url/domain < inquisitr.com > (your “website”). The photos were taken of Mr. Cowell unlawfully while he was on a private balcony on private property at a residence in Barbados (the “Photos”). Take Note: the photo agency originally responsible for the dissemination of the Photos has removed them from its website and ceased licensing or disseminating them, and recalled them from any licensing client, having recognized the unlawful and tortious nature of the Photos and substantial liability for their post and publication. You would be well-advised to immediately do the same, or you face being named in anticipated litigation.

The unlawfully obtained Photos appear in connection with a post which is featured on your Website at the following url’s and that have the following property designations:

http://inquisitr.com/S2n
http://www.inquisitr.com/wp-content/1219_simon_cowell_bg-1.jpg

First, your website mistakenly identifies Mr. Cowell as being in a hotel. He was not in a hotel at the time of the photographs. Rather, he was in a private residence. Second, you are doubtlessly aware that the Photos of Mr. Cowell were taken by a photographer who surreptitiously trespassed onto private property in order to capture the images. The taking of the Photos as well as there apparent subsequent publication on your Website, and any other online outlets, and wide spread dissemination and publication constitute an egregious violation of Mr. Cowell’s substantial rights of privacy, including specifically under Article 8 of the European Convention on Human Rights as incorporated into the U.K. Human Rights Act of 1988, as well as under the U.K. Data Protection Act of 1988. See also, Campbell v. Mirror Group Newspapers Ltd., 2004 WL 852s411 (HL 2004); Douglass v. Hello! Ltd., [2001] Q.B. 967, [2001] F.S.R. 40, later proceedings, [2003] 153 N.L.J. 595, 2003 WL 1822887].

Demand is made that you immediately and permanently remove the Photos of Mr. Cowell from your websites and cease and desist from any attempts to disclose or disseminate the Photos and confirm to me in writing your agreement to do so without delay. Demand is further made that you return all of the originals and any copies of the Photos (whether print or electronic) in your company’s possession to our office or, alternatively, confirm in writing that they have been destroyed.

As you may be aware, Mr. Cowell is extremely vigilant in protecting his privacy and other rights and will not hesitate to employ all of his rights and remedies, including calling on the powers of the U.S. and U.K. Courts, and any other jurisdiction as applicable, in order to protect and seek vindication of his legal rights. This matter will be no exception. In the absence of your immediate agreement to stop posting, displaying or disseminating the Photos, further legal action will be commenced against you and your Website’s owners and operators.

We reserve our client’s rights to recover monetary damages compensating him for the harm which has already resulted from the wrongful exploitation of his privacy rights.

Please govern yourself accordingly.

This letter does not purport to constitute a complete or exhaustive statement of all of our clients’ rights, contentions or legal theories. Nothing contained herein is intended as, nor should it be deemed to constitute, a waiver or relinquishment of any of our clients’ rights or remedies, whether legal or equitable, all of which are hereby expressly reserved.

This is a confidential legal notice and is not for publication.

Very Truly Yours,

EVAN N. SPIEGEL
of
LAVELY & SINGER
PROFESSIONAL CORPORATION

cc: Mr. Simon Cowell
Nigel Tait, Esq.
Martin D. Singer, Esq.
William J. Briggs, II

© Lavely & Singer, P.C. 2008



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  • I'm now waiting for post of a similar letter asking you to take down the copy of the takedown notice.

    This will soon be followed by a letter asking you to take down the copy of the letter asking you to take down the copy of the takedown notice.
  • Elise
    "...as well as there apparent subsequent publication on your Website..." Oh dear - wrong spelling of 'their'. Not very professional. I advise you to ignore THERE pathetic attempt to ruin your Christmas, get very drunk, and write a time-wasting post (filled with your own typographical errors) about whether or not Jamie Lee Curtis is a ladyboy instead.
  • eddycole
    Duncan, this ad shows up in the right sidebar of the post about Simon Cowell's hairy man boobs. http://twitpic.com/v5eo
  • Have asked for all and sundry to reprint this photo and spread as far and as wide as possible to see how many people he really wants to sue. Get a sense of humor or leave public life. Pretty easy if you ask me.
  • Clearly my lowly blog does not even rank an email from these lawyers. What is the problem it is not an awful photo. Is it because we now know that he has previously waxed his chest?
  • Karma
    "As of now we won’t be offering Cowell anything other that negative coverage in the future"
    Right, because writing an article about his manboobs is so positive. I really don't think Simon is worried about losing you guys as friends. I don't like the guy but I also think that if you are writing blogs mocking celebrities then they have a right to respond.
  • Ed
    I hope you add the C&D to the Chilling Effects Clearinghouse.
  • Ed
    Not to give this Cowell item more legs than it deserves, but wouldn't Inquisitr be on safe ground as discussing the photo would be deemed part of news commentary? Does the C&S indicate blogs are not viewed as credible news sources? Hm.
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