This column is censored by order of Marin County Superior Court.
Judge ignores legal defintion of a newspaper
Online Navigator called a newspaper
Friday, October 6, 2006 --------- The Marin County Superior Court extended the restraining order against the Bodega Bay Navigator Online Friday morning.
Over the objections of Kathie Simmons, attorney for Joel Hack, sole owner of the Navigator, and Ladd Bedford, attorney for David Mitchell, Honorable Judge Sutro expanded the non-compete agreement that covered the sale of the Point Reyes Light to Robert Plotkin. Sutro included the online Navigator in the Marin County newspapers that Mitchell can work for.
The relevant clause in the sale by Mitchell to Plotkin said, "[Mitchell] will not assist, publish or work for any other newspaper or start-up a newspaper in the County of Marin, California..." Judge Sutro rejected the argument that the online Navigator is not a newpaper and said it is competing with the Point Reyes Light and therefore Mitchell should not be harming the good will sold with the Light.
The restraining order will be in effect until the lawsuit reaches final judgement --- possibly two or more years.
Judge Sutro also ordered the pages removed from the online Navigator that contained articles and columns written by Mitchell -- even though they predated the temporary restraining order issued August 17.
MItchell's attorney has argued that the non-compete agreement only applied to newspapers published in Marin County. Newspapers have for over 100 years obtained legal adjudication to publish legal notices of the county in which the newspaper is published AND PRINTED. The legal adjudication becomes the home county of the newspaper. The Navigator had a legal adjudication issued by Sonoma County Superior Court. The Sonoma County Court clerk revoked the legal adjudication for the Navigator when it went online because it was not printed (with ink) on paper in Sonoma County. The Navigator is ineligible to request for a legal adjudication in Marin County for the same reason.
A recent court case brought by web bloggers after their unpublished material was subpenaed by Apple Computer clearly defined newspapers as "printed on large-format inexpensive paper." Newspapers are printed with ink on paper, said the California Appeallate Court in the bloggers case decided May, 2006.
Judge Sutro also rejected that argument, siding with Plotkin to protect his investment in the Point Reyes Light.
Therefore the Mitchell writings formerly found at this spot have been removed. (Note from Editor Hack: Most of the material that appeared on this page is available elsewhere on the web. We cannot provide that location here out of fear of violating a court order. Mitchell has created his own blog with the name: Sparsely Sage and Timely.)
