"There's more to the Bay Guardian-VVM fight than ill will and purple prose," writes Boston Phoenix media reporter Adam Reilly. "The two sides have predictably divergent takes on the merits of the outcome. But they agree that its legal ramifications go far beyond the Bay Area and the alt-weekly universe." Guardian publisher and editor Bruce Brugmann tells the Phoenix that the suit sets an example for small businesses everywhere. "Everyone can use our suit as a model and template for any big chain that's coming in and trying to predatory-price them," he says. But SF Weekly attorney Jim Wagstaffe thinks that if the judge grants the Guardian's request for an injunction for the Weekly to stop all below-cost sales as the case winds its way through the courts, "the result here could dramatically harm consumers. If every one of [a publication's] ad sales is scrutinized to make sure it's not, quote-unquote, too low, then what'll happen is, publications will raise their prices to avoid getting sued." The Guardian notes that interest will accrue on the judgment at a rate of 10 percent a year. "That means the Weekly and VVM will be paying $4,000 a day in interest for as long as they seek to dispute and appeal the jury decision," the Guardian reports.
The last three witnesses took the stand yesterday in the Guardian's predatory pricing trial against SF Weekly and Village Voice Media. Guardian publisher and editor Bruce Brugmann and associate publisher Jean Dibble were brought back to the stand, this time by the Weekly's attorneys; they were followed by Bay Area publisher Bill Johnson, whose papers include AAN members the Palo Alto Weekly and Pacific Sun. The trial takes a day off today, and closing arguments begin Thursday morning. For more details, read the latest from the Weekly and the Bay Guardian.
Although their dispatches read as if they're reporting from two different trials, both SF Weekly and the Bay Guardian agree that the temperature in the courtroom rose on Tuesday when the Bay Guardian's editor and publisher, Bruce Brugmann, took the stand. According to VVM's Andy Van De Voorde, Brugmann "exploded on the stand ... pounding his hand on the witness box, raising his voice, and growing red-faced." But Bay Guardian executive editor Tim Redmond says his boss "stood up remarkably well under a cross-examination" and "generally made the SF Weekly's lawyer look silly." The Bay Guardian filed a more extensive report on the trial here, while SF Weekly posted dispatches following the action on Friday and Monday.
The predatory pricing suit against SF Weekly and Village Voice Media asserts that the Weekly sold ads below cost to push the Guardian out of business. (The suit also names former VVM property East Bay Express as a defendant.) VVM executive editor Michael Lacey thinks Bay Guardian publisher/editor Bruce Brugmann is using the Weekly as a "scapegoat" for his own problems in dealing with new challenges in print media. "[The lawsuit] is how he's hoping to maintain his business in a really tough media market," Lacey tells The San Francisco Daily Journal, a local legal publication. But Brugmann disputes this notion. "From our point of view, the fact that the economy is not good and there are other problems in this business only makes this problem more acute," he says. Jury selection is set to begin tomorrow in San Francisco County Superior Court. Legal experts tell the Daily Journal that predatory-pricing cases face different odds depending on where they are filed, adding that California superior courts are generally seen as more friendly to plaintiffs than federal courts.
Bruce Brugmann is part of a delegation of the Inter American Press Association heading to the South American country to investigate the threat to press liberty posed by constitutional "reforms" proposed by President Hugo Chavez, Editor & Publisher reports.
In its annual list of 10 newspapers that "do it right," E&P has singled out the San Francisco Bay Guardian as "the archetype of the politically involved, locally focused alternative newspaper that's an alert and occasionally rabid watchdog." Editor/publisher Bruce Brugmann tells E&P that he worries that he and his wife and Bay Guardian co-founder Jean Dibble "are almost anachronisms" in today's media environment, with their brand of crusading alt-journalism. "Every good newspaper man ought to be controversial," Brugmann says.
The San Francisco alt-weekly and the Media Alliance filed papers yesterday to intervene in a lawsuit seeking to overturn the Bay Area newspaper deal between Hearst Corp. and MediaNews Group Inc., reports Editor & Publisher. The Bay Guardian hopes to unseal documents filed by the two companies in the case. "The courts are supposed to operate in public, and there's a clear public interest in this information," says Editor and Publisher Bruce Brugmann (pictured). "Our intent here is to ensure that the nation's biggest newspaper chains, as they move to destroy daily competition and impose a regional monopoly on the Bay Area, cannot do so in the dark of night with sealed records that set a terrible precedent for the free press, the First Amendment, and open government."
This week's BusinessWeek article on Kevin Rose claims that his company, Digg.com, is headquartered "above the grungy offices of the SF Weekly." However, San Francisco Bay Guardian Editor and Publisher Bruce Brugmann notes in a blog post that Digg is actually "a good tenant on the third floor of the Guardian building." Although Brugmann takes offense that his paper was mistaken for SF Weekly, he devotes more words to the building being called "grungy." Brugmann has written BusinessWeek asking for a correction, and will provide updates on his "Bruce Blog."
