2ND UPDATE: The Hollywood Reporter has just removed from its website PMC’s unique and original featured module comprised of source code that produced PMC-owned TVLine.com’s distinctive homepage. This egregious theft and other issues form the basis for the copyright infringement lawsuit which Deadline’s parent company PMC filed today against The Hollywood Reporter’s parent company Prometheus Global Media.
PMC had spent numerous months and substantial resources in researching and developing the most optimized, intuitive, and user-friendly way to come up with a creative, unique, and interactive featured module for its TVLine.com. The featured module was created using unique and original source code. On or around August 2011, THR copied and stole PMC’s source code for this featured module, and as a result THR’s homepage featured module is nearly identical to that of TVLine. Even the names and labels of THR’s source code is identical to TVLine’s. PMC was formerly known as Mail.com Media Corporation, commonly referred to under the acronym MMC. For that reason, the initials ‘MMC’ appear in each of the labels. THR’s source code and module still contained the initials ‘MMC’ in its labels. THR’s source code also flagrantly contained PMC’s same inadvertent misspelling of the word ‘Carousel’.
UPDATE 1 PM: Yes, Hollywood is indeed buzzing about today’s lawsuit. And so are mediacentric websites.
PREVIOUS 11 AM: For the record, Penske Media Corporation, the parent company and owner of various leading digital media properties including Deadline.com, this morning sued
Prometheus Global Media LLC, which owns and operates The Hollywood Reporter, for copyright infringement. Here is the link to PMC’s complaint and its exhibits. The lawsuit, filed in U.S. District Court for the Central District of California and requesting a jury trial, is very juicy and makes for great reading. Here is the summary:
As most businesses or individuals who operate within the industry of online publishing and digital media understand, copying, mimicking, and/or altering of others’ content and design unfortunately occurs intermittently within that industry. However, The Hollywood Reporter (“THR”) has differentiated itself from other companies within the media industry by not only carrying out this unethical practice with alarming regularity, indeed on an almost daily basis, but also by resorting to the outright theft of intellectual property, including but not limited to whole articles, content, software, source code and designs.
In an industry where a company’s brand is largely defined and dictated by the value of its originally created intellectual property, it is absolutely essential that intellectual property rights and assets be mightily protected from thievery, such as that exhibited by THR. This is evident through the billions of dollars that are spent on an annual basis by movie studios, TV networks, record labels, and media companies, as well as the U.S. government and other countries around the world, for the purpose of protecting and defending ownership of copyrighted original material and content from piracy.
This is the same publishing and media industry in which PMC operates. Over many years, PMC has distinguished itself as a leader in entertainment and technology-related digital media by investing in its personnel, by researching and investigating, and by obtaining exclusive original content and time-sensitive breaking news stories about all facets of the entertainment and technology industries. Which is why THR’s theft and piracy of PMC’s content and intellectual property, as documented in this Complaint, is so significantly damaging to PMC, its brands, and its value and position in the marketplace.
Among other reasons, PMC is filing this lawsuit to protect its content creation and development, and to finally put an end to THR and other websites’ misappropriation of PMC’s hard-earned product and intellectual property. Enough is enough.
PMC is taking a stand against desperate and copycat news organizations and media outlets such as THR that constantly monitor PMC’s websites for the sole purpose of copying and imitating PMC websites’ news stories and original content within minutes after online publication. These copycat media outlets such as THR, rather than conducting their own independent reporting and investigation, developing their own sources and insiders, and generating their own leads and stories, simply steal PMC’s content and pawn it off as their own.
In truth, THR, faced with the harsh reality that it had become a second-rate entertainment industry news source unable to attract insiders’ attention anymore, changed ownership and re-launched its website. At first it hoped to create a competitive online presence by going after a broader consumer-focused audience with celebrity news and gossip. When consumer, retail and other related advertising failed to appear, THR began trying attracting Hollywood trade advertising again. It has become abundantly clear that part of THR’s turnaround strategy was to engage in an unprecedented campaign of theft and misappropriation of PMC’s intellectual property and content to accomplish that.
First, THR attempted to poach PMC’s key employees, by urging each employee to breach their existing and exclusive contractual obligations to PMC. When that strategy failed, THR’s owners and managers pretended to negotiate with PMC for PMC’s http://www.deadline.com (“Deadline”) to provide trade news for the relaunched THR website. When that strategy also failed, THR then began its incessant campaign of misappropriating wholesale content from Deadline’s website. As if that were not bad enough, THR then egregiously and flagrantly stole integral source code and intellectual property from PMC’s http://www.tvline.com (“TVLine”) website in a blatant act of copyright infringement.
In fact, THR was so incompetent and careless in its theft, that it actually copied the original source code labels exactly as they existed on TVLine, and did not even attempt to rename them. Many of TVLine’s source code labels, which are created for organizational purposes, contain the initials MMC, the acronym for PMC’s former name Mail.com Media Corporation (MMC). THR, in copying and pasting PMC’s TVLine source code, are still utilizing the “MMC” initials within their labels. These initials act as a clear set of digital fingerprints that further demonstrate the glaringness of THR’s theft. THR did not even make an effort to correct typographical errors contained in PMC’s source code. As of the date of this Complaint’s filing, any individual can go to THR’s website and, with the simple click of a mouse, discover THR’s blatant infringement.
Accordingly, PMC seeks to recover for the substantial damages it has suffered because of THR’s actions and to enjoin THR from continuing to steal PMC’s property. Additionally, this action shall serve as notice to all those with similarly unethical and nefarious intentions that PMC shall not stand by idly and allow such injurious conduct. To the contrary, PMC will vigorously protect its rights and prosecute all those who aim to steal its original ideas, designs, and content.
Again, I urge you to read the full complaint and its accompanying exhibits.






Holy shit, the sites look exactly same, i can’t believe THR would be so stupid to copy the TVLine code!!
You have a feeling Hollywood will be buzzing about this all day? Really? I know you truly believe that, but I promise they won’t. Oh, and I hope you guys win.
I agree. Haha it’s obvious they stole, but they’ve pointed out only one source code, really. No one will be “buzzing” about two entertainment websites fighting.
Maybe you should try reading the 45 page legal filing posted with the article?
Desperate people tend to do desperate things, and HR has been desperate, on life support for a while now. When they contacted me 6 months ago to renew my subscription, I asked what if they went out of business before my subscription term ended, their response was “We’re not going out of business, we’re not changing anything. We’re a daily publication and will stay that way.” Yeah, right. And, no, I did not renew! Viva Deadline!
Here We Go Again!…..and Again!!……and AGAIN!!! These Copycats will soon be….Fradycats……and they will find the Cat(bird)Dish empty because of this spot-on lawsuit. MEEEEOOWWWRAAHRRR!
When you become a “patsy” for studio advertising, you resort to desperate measures. It’s the same as when everyone takes swipes at Apple. Go Deadlone!
Well, it’s pretty clear they stole the code. What a silly thing to do. I actually have noticed the similarities before, but never read the source code (not my interest). Curious as to if PMC sent them a cease and desist, or anything of the sorts, before suing?
Pretty sure Nikki reported on on Deadline that PMC did send C&D letters.
It’s possible that this the code is a generic plugin and that THR just duplicated the implementation with a little copy/paste, which wouldn’t be so bad.
But I’m pretty sure that they blatantly took code from TVLine.com
There is a plugin, but they did steal the code. They should have just looked up the open source plugin, or created their own. It’s really not that hard.
Exactly. It’s kind of bizarre, actually. Those image rotator/carousel plugins exist EVERYWHERE. Free versions. With instructions and examples. And instead, they went straight to TVLine’s and took theirs. I’d love to know the instructions that THR’s web developers were given.
I would say the same thing if not for the MMC tags. I’ve been known to look at source code to see how it works, but I’ve never TAKEN code and used it for my own purposes without a license.
Don’t get too hung up about who wrote or has the actual rights to the code itself. Nikki cited the code as evidence of blatant, obvious, and amateurish content theft.
In the cases of breaking stories that Deadline published first and THR then ran minutes later, THR’s lawyers can try and argue that THR did their own homework, and since the stories are about the same news items of course they’re going to sound similar, so on. What this code/content/markers combination gives PMC’s lawyers is the Christmas tree to hang all their ornaments on. This piece of evidence obliterates THR’s credibility in court unless they’ve got evidence just as strong of PMC doing the same thing.
Unless they’re sitting on something just as damning as Nikki has cited here, the smart thing for THR to do now is ring up Nikki’s lawyers and start settlement negotiations.
I guess some people think everything on the internet is free.
You guys have a very strong case against THR. Just… wow. I knew something was fishy when I looked at THR the other day, but I didn’t know they plagiarized your stories to the extent they did.
I hope you win.
Isnt what they did just reimagining or rebooting or some other usual hollywood practice?
Go get your pound of flesh enough of the copycats!!
Dear Hollywood Reporter:
NOW get the fuck out of my face!
Love,
Nikki Finke
Yep! Same Carousel. Go view source and do a search on both for MMCFeaturedCarousel1
I’m confused. Why didn’t THR copy this story and change up the headline? Don’t they know I like to read all of Nikki’s stories on both Deadline & THR’s site?
Good someone finally taking a stand here against the rampant piracy of original content. This “cut-and-paste” mentality of so much of the Internet is putrid and soon the true creatorsof the world — not to mention the Nikkis and Mike Flemings — will have zero incentive to do the work they do because they know that other people (oh hey Sharon Waxman) will just rip it off.
Speaking of Waxman, think this is making her think twice about some of her stuff? Think Penske and his dogs will go after her?
is this the beginning of a tipping point w/r/t the protection. i sincerely hope the parent company here will spend the resources to take on people who just take content.
i think the fear of being shamed for essentially stealing content may — and i stress may — dissuade some people from doing so but i hope nikki can lead the charge. “plagiarist protection” should be a budget line for content companies and a big one.
i gave up writing for content sites years ago because i could see the value of my words being completely diluted by the constant theft of the intellectual property. it has to stop.
The website code is prima facie damning. There will be no getting out of that one. How much damages are for that alone is a different question.
The likely killer for THR will be if PMC can convince a jury on the “article ripoff” charges. In PMC’s offering of its bill of particulars, I count 8 different THR authors listed on those charges.
That means a few things. One, it means if it was happening it wasn’t a “rogue operation” by one or two staff writers, and no jury will be convinced it was. Second, it means if it was actual editorial policy to ripoff PMC, then it is highly unlikely that THR will be able to bury the evidence once discovery gets underway and those 8 authors are under oath. One or two low-level staff might be bullied into silence or lieing under oath –no way that will happen with 8 of them. If, that is, they were under orders to monitor DHD and rewrite the stories as quickly as possible.
PROMETHEUS WASN’T HE THE ONE THAT COULDN’T PUSH THE ROCK UP THE HILL? Well if you’re dumb enough to name your company that your definitely asinine enough to rip people’s code off and not notice that it has the company’s name right there.
Oh wait prometheus also the one who had his liver eaten by birds.
Go Nikki
…and Promettheus was punished for STEALING fire from the gods. That’s the kind of on-the-nose irony a hollywood hack screenwriter would come up with. But it’s REAL.
Sysiphus had to roll the boulder up the hill.
It’s be interesting to see how legal reporter Matt Beloni covers news of the lawsuit, for THR, from a legal perspective. Or if he doesn’t cover it at all…
I agree that original content should never be pirated, as it takes away frmo whomever created it. Now i assume that noone commenting on this posting as ever pirated a movie, right? Unless you have dounble standards
Way to go, Nikki. Good content is valuable, difficult to create, and worth fighting for. Hopefully, the stand you’re taking will make others think twice about stealing stories others have written.
Sharon Waxman and the hollywood Xerox machine (aka: theWrap) must be quaking in their little red boots!!
For those of you that doubt the digital copying-trust me there are cops that have software that check this type of stuff every day (i know…some of them are family)
Its so sad,that a ahem, legend such as THR WAS would resort to such obvious and disgracefil tactics doing,the same thing (copyright infringement) that the industry has been fighting against for years. Can we say hypocritical? THR should have gone silently into the,night and ended on being a legend in the trades. Now even if THR some how proves that this was not done intentionally (and IMO they have a huge burden of proof to meet on,that) they still are going to have a black mark against them.
To echo others: go kick ass and take names. Viva deadline!
“THR should have gone silently into the night and ended on being a legend in the trades.”
Touching, romantic, sweet… and completely unrealistic. Try selling that in a meeting of people with jobs, homes, families, 401ks. “This business is getting really hard… I suggest we give up. Who’s in favor of giving up?”
Uh… President Shutdown.
HOW Many companies have closed their doors in the last few years? How many companies have fired off whole divisions? (ahem.. Hello Disney and Marvel!)
At this point, as a recruiter, i wouldn’t touch a THR reporter with a 10 foot pole because of this nonsense- even if they were ordered to steal the coding etc they should have ethically/legally stopped it. If they are willing to break the law (and more than likely be brought up on charges) what else would they do? the whole nazi “i was just taking orders” arguement doesn’t work here. THR is going to bleed dry over this lawsuit and have to fire everyone WITHOUT a severance package.
At least my way, people would have gotten a severance package and not have a black mark against them.
Nikki, you’re definitely Penske material!
I can definitely say Deadline has got THR, their parent company and their law firm right between the balls with this lawsuit!
Next thing you know THR will be posting “Toldja” in front of stories they didn’t report first.