October 22, 2003

(Updated) 'Lounge Lizard' Accused Of Stealing From 'BarFly'

Note: This post has been updated. Any and all updates appear at the end of the original post.

Across the mailing list for the local BarFly Magazine yesterday came the accusation from publisher Jen Lane that the newly-launched competition -- Lounge Lizard -- isn't merely trying to steal her magazine's thunder, but is in fact stealing its actual content.

"At first glance, Lounge Lizard appears to be nothing more than a potential barroom companion for BarFly Magazine, a Portland favorite for its unique style, content and ethos, since its inception in 1999," wrote lane in her email. "But upon even the most cursory inspection, Lounge Lizard is revealed to be a virtual carbon copy of BarFly."

According to Lane, the new publication appears to simply lift material from Cool Quiz!, Abundant Bible (yes, really), in addition to her own magazine's website.

As pointed out by Lane in her email, the website for Lounge Lizard is registered to Washington & Associates here in Portland, with specific reference to one Andre Washington. Emails to Washington (and to his webmaster) have so far gone without response.

Lane's specific allegations include the verbatim lifting of bar listings -- in one instance, according to Lane, even managing to print information about discounts available under the BarFly discount card which appeared in one such bar listing from Lane's magazine. Making the alleged infringements all the more apparent, says Lane, is that some of the bar reviews from BarFly and available on its website are out-of-date and about now-closed establishments -- and some of these reviews are among those she says were lifted by Lounge Lizard. "These reviews copy verbatim, or clumsily paraphrase, the moldy oldies still floating around in BarFly's online database," wrote Lane.

"Furthermore," Lane added, "Lounge Lizard has also copied, verbatim, much of my original creative writing. When Lounge Lizard makes an occasional attempt at 'original' commentary, it appears to be just a simplistic attempt at re-stating my uniquely phrased opinions and observations, as published on BarFly's website."

While I cannot as of this posting independent confirm Lane's contention that her creative writing has been infringed upon, her email did include a scan of a two-page spread from Lounge Lizard's bar listings, which upon comparison to BarFly's do show clear signs of verbatim or paraphrase copying.

It's my layman's assumption that creative infringement would tend to be considered a clearer and more serious case were this matter to come before a court, so I'm trying to nail down just what expressly-creative works are alleged to have been infringed.

BarFly's legal counsel has demanded that the publisher of Lounge Lizard cease and desist their alleged copyright infringement.

"Frankly," concluded Lane in her email, "the Lounge Lizard is so ineptly organized, so poorly written and edited, it makes BarFly read like The New Yorker. But I cannot allow my work to fall victim to such plundering, however absurd. I will pursue all means of recourse at my disposal, to ensure that Washington & Associates's suspected thievery is exposed, and their profiteering terminated, immediately."

According to Lane's attorney, as of today they are awaiting a response to their letter to Washington & Associates.

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