On July 8, 2010 I received a letter from Phil Hendrie’s lawyer asking me to stop producing the podcast. I stopped the same day. They also requested the name of the site be changed, which was also completed right away. That was over a month ago, but for some reason Phil is acting like it is still going on.
The original idea for the podcast was to recap what happened on that day in show history, so people could track down their favorite bits. It used very short clips, so it would be fair use according to U.S law. I only started playing longer bits when a business partner of Phil’s gave me permission. These clips were 15-25 minutes long (never full hours as Phil has suggested), and they were of shows not available for download on Phil’s official site. Phil seemed comfortable with that at the time, and even offered to record promos. He also promoted and linked to the podcast on Facebook.
Now that I don’t have permission, the podcast most likely isn’t fair use, so I have stopped it. If this site does a podcast in the future, it will be fair use and therefore legal.
This site has always been non-commercial. I’ve also made a good faith effort to respect copyright law.
This site will continue to be a forum and resource for Phil Hendrie Show fans, while at the same time respecting the law. I don’t agree with the way Phil has handled this, but I absolutely respect the rights of content creators.
Justin Luey – July 2010




