I am a freelance journalist for the weekly San Diego Reader, where, during
last seven years, my profiles, narrative nonfiction, and investigative
articles have appeared. This past spring, the Reader published my 12,000-word
cover profile of Dinesh D'Souza. D'Souza is an Indian-American immigrant
who is one of America's prominent conservative authors as well as a skilled
debater and right-wing pundit.
D'Souza is best known for two books: Illiberal Education (1991), which
attacked affirmative action and political correctness on campus, and The
End of Racism (1995), a book still mired in debate because of D'Souza's
claims that the economic disadvantage of African-Americans are due to
the "pathologies of black culture."
In the first paragraph of my piece, I wrote that he, his wife, and daughter
live "in a very big house" in Fairbanks Ranch, a community second
only to Rancho Santa Fe as San Diego's most exclusive. I reported that
D'Souza has made a lot of money at the American Enterprise Institute as
resident scholar. I reported on other money he earned. And I reviewed
the many controversies surrounding his work, commenting once or twice
about his writing style. My aim was to give the fullest picture I could
of him, his background and his conservatism.
The article appeared in print--the cover featured a Chuck Close-like colorized
close-up of D'Souza's photo--under the title, "The Controversialist."
The piece also appeared on the Reader's website, though I own the copyright.
A week later, cover and text were on D'Souza's personal website. I was
surprised, for he had not asked my permission.
At once I noticed the phrase "in a very big house" was missing
from the first paragraph. I read on. Two paragraphs were gone in which
I had criticized one of his recent commentaries. It was a column he wrote
about Democrats: because they supported gay rights, they were now the
party of "bestiality" and sexual deviance. I read further and
found more eviscerations--the paragraphs describing his wife and his home
were gone; so, too, was my reporting of his earnings during the 1990s,
which he later disputed. Comments by scholars who differed with him and
comments by his friends on the Right were left in.
Still, it was clear: D'Souza had combed through the piece, taking out
things he didn't like. He didn't write a letter to the Reader seeking
clarification of my reporting on his income. Instead, he censored my piece,
then brazenly put it on his website.
I don't know what authors feel when they've been plagiarized by other
writers--certainly anger and violation. D'Souza's act for me was emotionally
no different, though it seemed the opposite of being ripped off. It was
a kind of reverse plagiarism where instead of being copied without attribution
I was being edited without permission.
Of course, writers are edited by editors, their leads refocused, their
endings reduced; whole paragraphs often disappear. But for a writer who
is the subject of a profile to edit another writer's work, then put it
on his website without declaring it is "used by permission,"
or, what would be accurate, "used by permission and edited to my
liking," is galling to say the least.
What to do? First, I demanded (via email) that he remove it. D'Souza did
not. Instead, he told me, in what he describes as a "cordial tone,"
that he thought the publicity would be good for us both. And, naturally,
since it contained personal things (things he revealed to me on two long
visits to his home and a trip to Texas to hear him speak), he would rather
not have them on his site. Again, no permission asked, no apology offered.
He suggested I contact him so we could find a "solution." Perhaps
we could just say it's been "abridged."
That word really pissed me off. An abridgement suggests making cuts at
the end or making cuts approved of by the author.
My temperature up, I sought a lawyer to write a letter citing copyright
law and threatening a lawsuit. I pursued legal action, in part, because
I didn't want to deal with D'Souza directly: I felt that would only dilute
the principle: this was his theft, and he wanted me, his victim, to arbitrate
it for him.
While the lawyer drafted the letter, I realized that I, too, had fallen
into the Web's porousness, the widespread looting of intellectual property
without regard to copyright that goes on. D'Souza, a Republican committed
to a core belief in the principle of private property, who often touts
Bush's "ownership society," adopted the self-serving notion
that anything on the web belongs to anyone, like toys in a sandbox. People
could download or post a person's work as they liked, music or porn being
the most abused examples. As the originator, I got nothing but the proposition
that I should be a good sport and share my work.
In my email telling him to remove my article, I told D'Souza that had
he asked me to put a link on his site to the Reader's site where the piece
is archived, then fine. (Others have and I've granted it.) But D'Souza
never asked. He assumed. His chief assumption--that I wouldn't mind his
parsing my story--rankled me no end.
When he got the lawyer's letter, toothily spelling out the statutory terms
for what he had done wrong and for what payment he might be liable, I
got yet another galling email from him.
In it, D'Souza blamed me for over-reacting. He wrote again that he thought
I wouldn't mind the publicity and that his reasons for not asking permission
and for "suggesting a solution" are still valid. "Is this
the way you deal with people on a regular basis, by writing them indignant
letters and then, ignoring all attempts at dialog and compromise, following
up with legal threats? What kind of weird behavior is this?"
Incredible! I am robbed of $1000 and, to adjudicate, the robber chooses
the system of justice he prefers--namely, that we divide up the money
because my reaction to being robbed is, well, just too weird for the robber
to have to deal with.
Still, after D'Souza's petty attempt to make his crime the equal of my
"behavior," he agreed to remove the piece from his website.
Which he did. But not before, as a friend suggested, he generated controversy
and used it to serve his self-interest.
Yes, we are a nation of laws, and laws do protect us. But, in this instance,
D'Souza has superceded the law by adopting what I would call the law of
the righteous, where self-interest is king. The law of the righteous says
that it's more important to have faith that you're right, than to be right
by some objective or ethical standard you would share with others.
We see the law of righteousness operating everywhere these days, particularly
in Washington: in a morally illegitimate invasion of and war on Iraq;
in the Bush administration-sanctioned censoring of scientific documents
on global warming; in Duke Cunningham's insistence that since he's never
smoked a marijuana cigarette his real estate transactions are beyond reproach.
In the end, D'Souza removed his censored version--as the law and I demanded--and
then, after reading the permissions statement on the Reader's website,
received permission to put a link to my article on his site. There it
sits alongside the irony that he could have gotten permission the day
it was published to do this: had he asked.
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