Yesterday, both sides in the predatory-pricing suit filed by the Guardian against SF Weekly and Village Voice Media gave their opening arguments, and Guardian associate publisher Jean Dibble took the stand. The local website Beyond Chron lays out the plaintiff's burden: "The Guardian will have to prove four things: (1) the SF Weekly sold ads below cost; (2) the Guardian was harmed; (3) the harm was due in large part to the fact that the Weekly sold ads below cost; and (4) the SF Weekly's purpose in selling the ads below cost was to cause harm to the Guardian." The Guardian's attorney argued that the Weekly has lost money for 11 straight years (a claim the defendants contest) as a direct result of selling ads below cost, and that it was selling at that rate with the express intent of damaging the Guardian. "If you're not trying to make a profit, what are you trying to do?," the Guardian reports he asked the jury. The Weekly's attorney argued that, yes, the paper has been selling ads below cost, but to cope with a tough regional economy and competition from the internet, not to put its competitor out of business. "The reason we were selling below cost is because that is all we could get for the ads," he told the jury, according to the Weekly's dispatch. The trial resumes this morning.
Yesterday, Judge Marla Miller denied Village Voice Media and SF Weekly's request to delay the predatory-pricing trial in order to further review some documents, and jury selection will get underway today at 8 am, according to reports in the Weekly and the Guardian. With jury selection expected to last two days, the judge has scheduled opening arguments for Monday.
The Gay and Lesbian Alliance Against Defamation announced the nominees for their annual awards on Sunday, and the Weekly's Lauren Smiley was among those nominated. Her story, "Girl/Boy Interrupted," is in the running in the "newspaper article" category, alongside two pieces from the New York Times, one from the L.A. Times and another from the St. Petersburg Times. The Weekly notes that the story was the first long-form story Smiley wrote as a Village Voice Media fellow. Winners will be announced in March.
In court this week, a Guardian witness disavowed a key piece of evidence -- AAN's financial standards report -- that the paper was using to prove its predatory pricing charge against SF Weekly, the East Bay Express and Village Voice Media. The witness backed away from the AAN report after the Weekly's attorney's produced an affidavit from the woman who had compiled it asserting that it was unaudited and self-reported, "rendering it meaningless as a measure of financial performance," the Weekly reports. After considering this and motions from both parties on Wednesday and Thursday, the Weekly says the judge "ultimately concluded that the Weekly deserved additional time to respond, a decision which could delay the long-awaited trial." Naturally, the Guardian sees this week's developments a little differently. "If this is how the SF Weekly and the VVM guys from Phoenix are going to cover the trial, we're going to have to spend a lot of time correcting the record," Guardian executive editor Tim Redmond writes. He says that the Weekly's attorneys had "tried desperately" to keep the Guardian's witness from taking the stand at all, and sees the disavowal of the AAN financial data as inconsequential. The witness had developed two scenarios to show how much money the Guardian had lost, and not being allowed to use the AAN data, he will just rely on the other standards instead, according to Redmond.
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.
After hearing arguments on SF Weekly's three motions for summary judgment, Superior Court Judge Richard A. Kramer ruled Thursday that the San Francisco Bay Guardian's predatory pricing lawsuit against the Weekly and Village Voice Media can go to trial. The jury trial is now scheduled to begin in January. Read more from the Weekly and the Bay Guardian.
"Steroids Confidential," penned by newbie Weekly writers Nic Foit and Ira Tes (anagrams of "fiction" and "satire"), promises to tell the "deepest secrets of the trainer behind baseball's new home run king," and it certainly delivers. Among the story's anecdotes: In 2002, Bonds "injected human growth hormone directly into his genitals;" in 2003, he "suddenly began lactating, forcing doctors to excise his mammary glands;" and he "now supplements his diet with 'Barry's brew,' a homemade high-energy drink made of elk semen." SFist sniffed out the fake story last week: "The anecdote about Bonds lactating from his steroid-enhanced breasts in the dugout is where we were like, 'heeeeey, wait a minute!'" But famed blogger Josh Wolf didn't take the Weekly's joke so lightly. "Satire is an integral part of the press, but it is of critical importance that readers are able to recognize where the 'real news' ends and the fiction begins," Wolf writes at CNET. "While 'Steroids Confidential' starts out in left-field and expands into the absurd, there's no 'gotcha' to reveal to the reader that it's all just a ruse."
The San Francisco Bay Guardian's G.W. Schulz won "the coveted Public Service award" for his coverage of MediaNews Group's purchase of nearly all Bay Area daily newspapers. SPJ's panel of judges noted that the Bay Guardian "demonstrated by example the value of diversity in news media ownership." Eliza Strickland's examination of questionable practices at an expensive cooking school and how California has failed to regulate for-profit schools for SF Weekly won for investigative reporting, while East Bay Express' Kara Platoni took home the award for feature writing for her piece on gun violence and gun availability. The Society of Professional Journalists' Northern California Chapter will honor the winners at a Nov. 8 dinner.
Writing for the defendant newspaper and its parent company, Village Voice Media, Will Harper reports that the Weekly said it sold ads below cost for "pro-competitive" reasons like generating new sales and "increas(ing) the customer base in a severely depressed market." VVM's motion, which was filed last week in response to the Bay Guardian's Oct. 2004 lawsuit, also asserted that the newspaper chain never engaged in a conspiracy to put its Bay Area competitor out of business. And in a unique counter-argument, the Weekly claimed that by filing suit, the Bay Guardian is trying to force it to reduce editorial expenses in order to adhere to a business model that relies heavily on freelancers and unpaid interns, instead of full-time reporters. THE BAY GUARDIAN'S REPORT: Judge advises attorneys to prepare for October trial even as summary-judgment motion is filed.
Matt Smith writes that this week's issue of The Nation, which features Jon Wiener's lament about changes that have taken place at LA Weekly since the paper changed hands in 2006, "reads as if were (sic) a schizophrenic-produced theme issue on your host, Village Voice Media." According to Smith, the July 16 issue of the weekly magazine juxtaposes Wiener's criticisms of the "staff cuts, heavy workload and misdirected investigative talent" at VVM with "another 3,000-word-plus story whose central thrust is based largely around Village Voice Media original reporting." In the latter, Liza Featherstone uses documents revealed in April by SF Weekly as a basis for her reporting on labor boss Andy Stern.
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