Posted by: Lipstick Piggy | November 3, 2008

API Daily Dish | API Cancels Deal with Fox News

[Editor’s Note:  here is our daily fix of delay and confusion from the API.  I wonder why they just don’t create a YouTube video out of it and send us all a link and call it done????  Okay, I admit I’m both laughing and wish it were true.  But even if they release right now… it is too late.  Even though they published emails they allegedly sent to FoxNews — doesn’t mean they had any deal with FoxNews. ]

The Michelle Obama tape has caused a great deal of headache to API from the day the story broke out. Some have argued saying API does not have the tape, whereas others have given API unwavering support all along. It is to the group that believed in API, that is owed an explanation to let them know what is going to happen after we cancel the deal with Fox News Network.

There is no exaggeration when we say we struck a deal with Fox N.N in good faith and that was done due to information we had at the time causing us to believe that the network was serious to air the tape.

API has waited this long for the release of the tape, while at the same time giving hope to many who wanted to listen to the contents of the tape.

We will not drop the idea to release the tape to the public because we are well aware API’s credibility has been put on the line.

The truth of the matter, the negotiations and the denials must be put into perspective. API would like to inform the readers that we concentrated all our energy on the API/Fox arrangement because the readers advised us to do so.

It is important to point out that it was Fox News Network that took the initiative  to establish contact with us and made us believe in them. When we did not want to continue negotiations with them, they kept on requesting for a deal and their persistence made us bestow our trust upon them in all totality.

The moment the story of the tape was made public by API, Fox News Network was quick to take contact requesting to be given exclusive rights. It took many days of negotiations and finally, API decided to accept Fox News Network’s offer giving the network exclusive rights on the story.

In the deal, Fox News Network was contracted to air the tape anytime after the 28th of October and no later than the 4th of November. The general consensus and understanding was to have the tape released within 24 hours after the final agreement was reached. The agreement opens for change on the airing time but emphasises that if such was to happen due necessity and workload in the Network, the tape is to be aired anytime but not after the elections.

The delay by Fox to air the tape has caused API a lot of inconveniences, unnecessary embarrassment and as a result this has now forced API’s to take this unilateral decision to declare the contract null and void after consultations with Counsel.

As a result of today’s meetings and discussions with the legal team, API has send a letter of cancellation of the deal to Fox N.N., informing them of a breach of contract and intended move to seek compensation for a breach of contract.

Fox News Network can only save the deal if the Network promptly takes a decision to air the tape tonight without any failure.

Here below is the text of the cancellation letter API has dispatched by email to Fox News Network.

—————

—– Original Message —–
From: African Press International (API)
To: Cassidy, Carlotta
Sent: Monday, November 03, 2008 4:27 PM
Subject: Re: Cancellation of the deal on the airing of Michelle Obama tape due to a breach of contract

Senior Media Counsel

Fox News Network, LLC

1211 Avenue of the Americas, New York, New York  10036

 

API has written to you a number of times and also called your offices.

Despite all these, your news network has kept quiet and ignored the importance to air the tape in your possession. We have taken a decision today, in consultation with our legal team to cancel the deal. The deal can only be saved by yourselves if your news network can confirm to us immediately that the airing of the tape will take place tonight without any failure.

In the event of the deal being cancelled, we will not hesitate to publish all the correspondence exchanged between us during the negotiations that led to the 28th October agreement.

Here below is the text of our cancellation letter “agreed upon with Counsel”, which is also send to as an attachment to this email:

 

—————————————–

 

November 3, 2008

Carlotta Cassidy

Senior Media Counsel

Fox News Network, LLC, 1211 Avenue of the Americas

New York, New York  10036

 

Dear Sir/Madam 

 

Re: Our contract: anticipatory repudiation

We have to face the fact that you have decided not to comply with the letter and spirit of our agreement entered in good faith insofar as we are concerned.

We hereby anticipatorily repudiate our agreement with you and hold you responsible for all the damages we have incurred and will incur by your breach of the agreement.

It is clear that, with the repudiation of the contract, we are no longer by its confidentiality provisions and its terms and conditions.

We will publish the substance of this letter so as to inform the public and interested organizations of the legitimacy and reasonableness of your actions to perform your obligation to broadcast the tapes as well as any other of the obligations you had agreed to perform.

The genuineness of the tapes has been verified by your organization and we trust that you will advise any interested party accordingly, In any event, this is now a largely theoretical question, since a fair number of independent persons will be able to make their own opinion on the matter.

We wish to thank you for the courtesy you have shown to us at the personal level.

As to the actual damages, our counsel will contact you after we have performed your obligations and reviewed the whole situation.

Yours sincerely,

 

Korir

Chief Editor Korir

African Press International – API

Oslo, Norway

Copy to: API’s Canadian counsel, Ontario – Canada

——————————

We await your reaction to this correspondence. Please treat it with the urgency it deserves.

Yours sincerely,

Chief Editor Korir

African Press International – API

——————– END——————–

API has decided to publish the above letter send to Fox News Network today in order to enlighten the readers on what is taking place.

The situation, as it is, will require urgent action from API’s part in looking for other outlets that will enter into agreement with API in order to have the tape released. API’s Counsel will now concentrate on getting an agreement as soon as possible (immediately) with any serious willing outlet(s) that will take over the responsibility to release the tape.

Steps taken now is expected to enable API to have the tapes released so that API does not risk losing credibility.

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