NPR Reconsiders Linking Policy
jfruhlinger writes: "Slashdot wasn't the only site I saw that commented on NPR's stupid linking policy, but I'm sure it generated a lot of traffic and comments to NPR's site. Now NPR has issued a statement that they are reconsidering that policy. The statement goes into the reasons why the original policy was established -- it looks like it was an overkill response to a legitimate problem. It concludes with the encouraging statement that 'NPR also recognizes that the majority of the linking on the Web is not infringement. We are working on a solution that we believe will better match the expectations of the Web community with the interests of NPR.'"
Why do they even need a policy? Their web server can be configured to use the referrer tag to allow whatever deep linking they accept, and reject everything else. Wouldn't it be nicer if they paid their programmers instead of their lawyers?
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NPR claims to be reconsidering its link policy, and in the meantime, it's posted more specious rationalization. Brutally, brutally stupid.
Unpacking that:This policy does not serve this commitment. The end-product of independent, noncommercial journalism is public discourse, which on the Web takes the form of links. If you're committed to journalism, you must endorse linking.
Was this infringement? If so, why didn't you seek redress in the courts? It's my opinion that someone who constructs a directory -- commerical or non-commercial -- of references to locations on the web no more infringes than someone who produces a tourist map to a city that marks the location of major attractions.
You are lying. There is no way that one could link to a stream of a fair and impartial newscast (links to streams must be to the whole stream, from beginning to end, remember) such that it can't be distinguished from advocacy or opinion. If there were NPR stories that were indistinguishable from advocacy, this indicates that the NPR stories were not impartial to begin with.
No other journalistic organization of note has a parallel policy (NPR's ombudsman's defamatory fabrications about CBC and BBC notwithstanding). The idea that linking must not be permitted because it would compromise the appearance or fact of ethics is a fantasy concocted by NPR's representatives.
How grand of you. All linking on the web is not infringement. The recititation of public facts -- this document exists at this location -- is never an infringment. Promulgating this myth is purely wrong, especially from a journalistic organization that prides itself on its ability to seek out and deliver the truth.
In the words of Patrick Nielsen Hayden, "Of course, it isn't 'prohibited.' Or rather, it's 'prohibited' with exactly the same legal force as I have when I say 'False legal claims designed to intimidate the public are hereby prohibited. Signed, Me.' This is the web. If you put a public document onto it, it's linkable. If you don't want to be linked to, use some other means of putting your information online."
Wrong. A link is NEVER infringement, it's simply a pointer to a piece of information already publicly available. If they don't want their information referenced, don't put it online, it's just that simple.
I'm glad they're re-considering the policy, but until they do away with it altogether, and realize that the only viable linking policy is to have no linking policy, we shouldn't let up the pressure.
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We clicked on the links you provided and were exposed to a horrible gaping anus.