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Ziff Davis To Website: License To Link, Updated

An anonymous reader writes "Apparently Ziff Davis is threatening pocketpctools.com with legal action for posting a snippet from and link to a Ziff Davis story. Is it just me, or is this sort of the IDEA of the internet? From pocketpctools.com: 'We are currently being threatened with legal action by a large organization that produces news stories (I am trying to find out if I am "allowed" to post the emails they have sent me). A while back (about a month and 70 posts ago), one of our admins posted a story that introduced you to one of their stories. Needless to say, there was a small editorial about the said story, a short quote from the story, a link to, and full credit given to them for the story.'" Update: 08/08 23:55 GMT by S : To clarify, Ziff Davis/EWeek (and not ZDNet, as the submitter and linked story suggest) are involved in this story. Update: 08/09 02:08 GMT by T : Matthew Rothenberg of eWEEK writes with a clarification (below); it seems like this is just a tempest in a teapot, and linkers can breathe easy.

Rothenberg writes: "Hey! I'm the executive editor in charge of eWEEK.com -- and before this situation unravels any farther, I need to make a couple of quick clarifications about our reprint policy:

While I haven't gotten all the details about what happened, this legal warning to PocketPCTools seems to be a result of miscommunication within our company. We understand and embrace the principles under which sites such as PocketPCTools link to and excerpt our content. There are plenty of occasions when a professional media company needs to question the wholesale appropriation of its content or the use of its marks. From everything I understand about the PocketPCTools case so far, this is NOT one of those occasions!

We're moving to correct the situation now ... PocketPCTools was apparently acting within the appropriate bounds of Web etiquette -- actually, doing us a favor by sending us the traffic -- and Ziff Davis was apparently mistaken in issuing this warning.

My personal apologies to anyone inconvenienced by this error. We're investigating the situation now and will act accordingly."

277 comments

  1. Uh Oh by Anonymous Coward · · Score: 4, Funny

    Did Slashdot get permission to link to this story?

    1. Re:Uh Oh by pe1rxq · · Score: 0
      I don't know.... but here is one without asking :)

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    2. Re:Uh Oh by Dark+Lord+Seth · · Score: 3, Informative

      No no no, ZDnet is apparently not owned by Ziff/Davis anymore.

      eWeek, is though.

      Jeroen

    3. Re:Uh Oh by pocketpctools.com · · Score: 2, Funny

      No... but we will let this one pass. ;-)

    4. Re:Uh Oh by JPriest · · Score: 2, Informative

      ZDNet is now owned by CNet (of news.com, download.com, search.com, shopper.com, GameSpot, and others)

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    5. Re:Uh Oh by Anonymous Coward · · Score: 0

      MySimon.com and Builder.com also

  2. Blogs by Scalli0n · · Score: 5, Insightful

    I'm going to make a very obvious statement and ask what this means for blogs. If you can strongarm anyone into un-linking something, then where will blogs be able to go?

    Also, what the hell was ZDNet thinking, the folks at pocketpctools.com were sending them traffic!

    --
    Sig & Below
    Yuck Fou
    1. Re:Blogs by Anonymous Coward · · Score: 1, Interesting
      OMG! These guys making blogs might have to use some creativity of their own! Perhaps some of them may even start writing some of their own conent, or thinking for themselves!

      Perhaps it's just me, but I'm bored to death by the blogs that seem to just go "gee, today I read this article. Isn't it c00l" endlessly. C'mon bloggers - noone (except pagerank) cares about you re-hashing someone elses drivel.

      I think the best thing that could happend to the blogging community is if they had to start creating rather than just rehashing content.

    2. Re:Blogs by the_mad_poster · · Score: 5, Interesting

      Well, it's an obvious sign that they don't want people reading their publications.

      So, I canceled my eWeek subscription.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    3. Re:Blogs by T-Kir · · Score: 3, Interesting

      To be honest, most of the tech orientated net could take pre-emptive action and just stop linking to them at all... pretend they don't exist, less linkage and (maybe) less visitors.

      Let ZDNet commit htmleppuku if they wish to.

      --
      Are you local? There's nothing for you here!
    4. Re:Blogs by siliconjunkie · · Score: 2, Insightful

      I think the result would be similar to the P2P situation: There are simply so many individuals out there that it makes litigation far too cumbersome to be comprehensive. Entities that believe their "rights" are infringed by linking would either have to go after the "worst offernders", a la the MPAA/RIAA vs. P2P clients, or just freekin' get over it and realize that the internet has spawned new ways of disseminating information and that they must evolve or be subject to de-evolution.

      I would *hope* that modern industry is capable of the latter, but sometimes I wonder.

    5. Re:Blogs by Anonymous Coward · · Score: 0
      To be honest, most of the tech orientated net could take pre-emptive action

      The be more honest, they couldn't.

      It's amazingly rare for the "tech oriented net" to be coordinated or organized enough to do anything whatsoever. ( groklaw being the exception that proves the rule ) You can't get the "tech oriented net" to remove all the dead links to long dead .coms. What make you think they'd remove the links to one of the few "tech oriented" pages left.

    6. Re:Blogs by Anonymous Coward · · Score: 0

      You mean the magazine they keep begging me to take for free?

    7. Re:Blogs by lukewarmfusion · · Score: 1

      I don't think so. Will ZDNet send a C&D to every blog owner? Will every blog owner simply roll over and comply?

      ZDNet isn't going to spend the time and money to try and change the Internet in this way. Nor would the efforts do much to change things anyway.

    8. Re:Blogs by siliconjunkie · · Score: 4, Insightful

      While I agree with the gist of your post, what you fail to acknowledge is that blogs of the nature you are referring to simply aren't bookmarked/linked to/visited again.

      While there are many good blogs out there with unique, original content, there are also many blogs that are creative in the way that they cross-reference and explore a given topic by linking to several external sources and providing insight into how those sources are connected philosphically/intellectualy/topically/whatever. On a good day, I would say Slashdot is a good example of that concept.

      The beauty of a well-crafted blog is that it can elaborate and further external articles so that the "whole is greater than the sum of it's parts"

      I agree that there are MANY blogs out there like you illustrate in your post, but these blogs are avoided by those who appreciate what a good blog (original content or not) have to offer.

    9. Re:Blogs by mobby_6kl · · Score: 0, Flamebait
    10. Re:Blogs by Weirdofreak · · Score: 3, Interesting

      I think I might vaguely understand.

      It's a case of territoriality. The got the story, they want it. They figure that since a lot of other sites with the story will link to theirs, if they stop that from happening, they'll have the story to themselves. Or at least they'll have the original, and presumably best/most reliable/trustworthy/informative/whatever. Therefore, people will stop reading the competition and come to them, the source of all power tee emm.

      It's still dumb, but what else can we expect from the human psyche?

      #include <standard-disclaimer.h>

    11. Re:Blogs by Otter · · Score: 1
      I'm going to make a very obvious statement and ask what this means for blogs.

      I'm going to make a very obvious statement and point out that no one (as usual), including the submitter (as usual) and editor (as usual), has bothered to R the FA. The issue was the posting of copyrighted content -- the article does not claim that the complaint was over linking. In fact, it sounds like they have a perfectly good fair use defense of the posting, but the linking is simply not an issue.

      If I may make an obnoxiously pedantic statement as well, hyperlinks are not "sort of the IDEA of the internet".

    12. Re:Blogs by Pharmboy · · Score: 5, Interesting

      Instead, I sent this letter to randy_zane@ziffdavis.com who handles media relations at ziffdavis, according to their site.
      ---
      Dear Sirs,

      According to a recent article on Slashdot.org, you are demanding licensing for sites to link to material on your site (specifically pocketpctools.com). They say they linked to the article proper, and gave proper credit for the material in their review.

      If the article was briefly quoted and proper credit given, via Fair Use Doctrine, then I would consider this to be a misinterpretation of Copyright law on your part, and would see this as an agressive action against weblogs in general. As someone who subscribes to your magazines, I find this very disturbing that you would act to suppress free speech in this way.

      I don't have enough information to draw a conclusion since they claim the original article was removed and can not be examined by myself, but I wanted to ask that you please explain further so that I can make an educated decision whether to cancel my subscriptions and discontinue use of your website.

      Because I consider this to be an important issue, but do not want to assume your company is guilty of this type of activity, I would request a reply as soon as reasonably possible.

      Thank you in advance.

      [name, city, state]

      ----

      We shall see if I get a response to what is a polite and reasonable request by a customer.

      --
      Tequila: It's not just for breakfast anymore!
    13. Re:Blogs by the_mad_poster · · Score: 2, Funny

      Congratulations on being the first individual to wander along and comment on my purported action without reading TFA. From the aforementioned FA:

      It is Ziff Davis (ZDNet) that has forced us to remove the story mentioned above. The original story was on eWeek.

      Therefore, whatever parent company harrassed them must have been involved with eWeek.

      QED.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    14. Re:Blogs by the_mad_poster · · Score: 1

      I did get it for free. The reason they sent it to me for free was that I'm a target audience for their advertisers, which is where this sort of publication gets the majority of its money.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    15. Re:Blogs by Anonymous Coward · · Score: 0
      but aren't you reading one right now? Slashdot is little more than a glorified tech blog,

      Not in my opinion.

      Slashdot's value, IMHO, is more of it's chat-room / community / social club community. It's kinda like the kernel mailing list for clueless slaker wannabees (describing myself as well). The blog-like properties just help provide things to talk about. It's the social interaction, and yes, even friends made on /. that makes it far more (not little more, as you said) than a blog.

      I come to /. for the people - not for the Articles.

    16. Re:Blogs by FFFish · · Score: 5, Insightful

      Just want to say THIS IS WHAT MAKES A DIFFERENCE!

      Y'all see how easy it is to become an activist and make changes for the better? It takes so very little effort, and makes such a big difference!

      --

      --
      Don't like it? Respond with words, not karma.
    17. Re:Blogs by Anonymous Coward · · Score: 0, Offtopic

      Bullshit you did. I bet you don't even have a subscription you KARMA WHORE!

    18. Re:Blogs by Anonymous Coward · · Score: 0

      If you can strongarm anyone into un-linking something,...

      But you can't. You can strongarm pocketpctools.com, apparently. You can also strongarm some gullible Slashdot readers who jump to end-of-the-internet conclusions based on one or two misleading articles. But most of us will just laugh at such stuff and carry on.

    19. Re:Blogs by Pharmboy · · Score: 5, Insightful

      I think the key to a successful writing campaign is to be:

      1) Polite
      2) Respectful
      3) Objective
      4) To the point
      5) Request a reply
      6) Use your real name and city/state and send from the same email address they can reply to.

      Name or quote your sources, express your concerns, DONT assume it is correct, GENTLY explain what you are considering in response to their actions if true, and give them the opportunity to explain. Remain objective and fair if you want a response, or at least to have your letter actually read by someone that matters. I am sure many can do a better job of writing this letter, but thats great: do it and send it.

      I really DONT know if this article is true, so assuming would not serve anyone anyway, and just make me look like an ass for being wrong and loud. Fake articles HAVE happened before, after all. What matters is NOT "I will unsubscribe", but "I have reason to question your companies ethics or actions" since most people are not subscribers anyway. You should always act like you really WANT to hear their opinion or side of the story, even though it is unlikely you will get a reply. These are the letters that get read in the boardroom.

      You will never know if your particular letter made "the" difference but it doesn't matter. The sheer volume of intellegent, thoughtful and concerned letters speak for themselves.

      --
      Tequila: It's not just for breakfast anymore!
    20. Re:Blogs by Pharmboy · · Score: 1

      I think there is some twisted logic to your theory, and they just may be dumb enough to think in this way. But this is beyond cutting off your nose to spite your face.

      This would be like SCO deciding no vendor can use Unix source code, even for a fee, so they will have all the source, all the power and be the only source for Unix. In the end, it only makes you irrelevent and bankrupt.

      --
      Tequila: It's not just for breakfast anymore!
    21. Re:Blogs by c1ay · · Score: 2, Insightful

      ...and just stop linking to them at all... pretend they don't exist, less linkage and (maybe) less visitors. That would certainly lower their ranking on Google...

      --

    22. Re:Blogs by Have+Blue · · Score: 2, Insightful

      The second key to a successful writing campaign is do not use email. Get off your ass, print out a letter on real paper, put it in an envelope, pay for a stamp, and mail it to them. Everyone knows how easy it is to create thousands of emails; a physical letter carries far more weight and represents proportionately more outrage to the recipient.

    23. Re:Blogs by Jacer · · Score: 2, Funny

      I think the key to a successful writing campaign is to be: 1) Polite 2) Respectful 3) Objective 4) To the point 5) Request a reply 6) Use your real name and city/state and send from the same email address they can reply to. What complete bullshit. I don't know what kind of idiot mentors you've had in your life, but I was always told the best way to get something done is to make damn sure everyone offending you knows it. Beyond that I really don't know that I have a point, so no further correspondence is nessecary. Yours Truly, Jon Johnson of Hicksville.

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
    24. Re:Blogs by Pharmboy · · Score: 3, Informative

      I agree and you do make a point I usually follow. But under this circumstance, email is a decent second best, being that it is a tech company. They are used to most of their mail being email. But for most companies, I do, and you should, use snail mail. The format would still be the same, with a valid return route for the letter.

      --
      Tequila: It's not just for breakfast anymore!
    25. Re:Blogs by Pharmboy · · Score: 2, Informative

      Simple. I am the corporate guy that reads those letters, and letters like you suggest would get thrown out immediately as some nut. The ones from intellegent and polite people WE read at the meeting. Its not my opinion, its reality.

      Letters from illiterate, rude, hate filled people are never taken serious. You *DO* let them know, but when you are talking about getting 1000 people to write, its more effective if those letters are polite and not so easily dismissed.

      One reason I am polite is that I DON'T have all the facts in this case, and experience tells me to not assume some website I just heard about 30 minutes ago is telling me the gospel truth. I am not going to go off the handle and start calling Ziff-Davis idiots, and then find out that the article was WRONG, and there was more to the story.

      My goal is to persuade them to my point of view.

      My goal is *NOT* to inform them that I think they are dicks.

      You don't get very far persuading people or corporations when you treat them like crap or jump to conclusions when you don't have all the facts. Any idiot can write a hate letter that gets thrown away as soon as its opened. It takes a little more grace to have the letter actually get read by someone that matters.

      --
      Tequila: It's not just for breakfast anymore!
    26. Re:Blogs by MatthewRothenberg · · Score: 4, Interesting
      I second that emotion ... At least, it's my M.O. when fielding correspondence from readers.

      Pharmboy: Thanks for the reasoned response. I don't have all the facts yet, either -- although I assure you, that's Priority One tomorrow morning!

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

    27. Re:Blogs by Anonymous Coward · · Score: 0
      No, this "less than a slap on the wrist" for a corporation bullying a smaller group is treating the symptom instead of the problem.

      Sure, this one symptom will be covered up and whitewashed; but the problem of a trigger-happy legal staff is just re-enforced as harmless.

      A boycott or lawsuit is what would teach ZD some respect.

    28. Re:Blogs by Anonymous Coward · · Score: 0
      "My goal is..."

      Indeed. I believe that is where your approach and the other writers you're debating differ.

      You're concerned about the one page on pocketpctools.com, while the rest of the readers are concerned about the culture of bullying of large corporations on small sites.

      Your email is really focusing on the symptom, and not the problem; and in response, ZD will no doubt address the symptom beautifully.

      The problem - the problem of a trigger-happy legal staff - is just re-enforced as harmless by this "solution".

      A boycott or lawsuit is what would teach ZD some respect, and would teach them to be pro-active about being more careful with their frivolous legal threads.

    29. Re:Blogs by Anonymous Coward · · Score: 0

      Agreed. The polite letters are the ones you read at the meeting, however the *really* good flamebait is what get posted on the cubicle walls. =)

    30. Re:Blogs by tehcyder · · Score: 1
      Well, this seems like it would make it impossible to continue blogging.

      So it's not all bad news.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    31. Re:Blogs by Anonymous Coward · · Score: 0
      It's not the existance of discussions that matters, it's the audience it attracts.

      Like any physical-world cafe, they all allow people to speak to each other, but few regularly attract an interesting crowd.

      Or, a better analogy is that many customer-support forums can have discussions too; but that doesn't mean /. is nothing but a customere-support forum.

    32. Re:Blogs by Jacer · · Score: 1

      My message was really saying the same thing as your first one. Except mine was a parody to show the ineffectiveness of it. Hence the funny mod.

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
    33. Re:Blogs by Pharmboy · · Score: 1

      My message was really saying the same thing as your first one. Except mine was a parody to show the ineffectiveness of it. Hence the funny mod.

      It wasn't modded when I replied. Its not a reflection on you, obviously you have a sense of humor, but there are people who really believe what you said, hense the confusion. I stand corrected. Didn't even part my hair at the time. Welcome aboard ;)

      --
      Tequila: It's not just for breakfast anymore!
    34. Re:Blogs by Jacer · · Score: 1

      Yeah, I frequently send out a lot of letters and such to my state repersentative. Being a student at a state university gives you plenty of opportunities to be an activist for pretty much whatever you want. Right or left wing.

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
    35. Re:Blogs by Pharmboy · · Score: 1

      As an update to everyone, 24 hours later I have not received a reply. I didn't necessarily expect a personal reply this fast, but I hope Ziff-Davis will at least send a canned reply that clearly states their policy in a day or two. That's all we are asking for.

      If it was your company's mistake, just admit it. It happens. Make it up to pocketpctools.com by doing it publicly. You allude to this, but just as the original story, I need an official statement before I can draw any conclusions. Never underestimate the power of an honest "I'm sorry, it won't happen again" to a group of geeks.

      If it is the policy, then please clarify it, because this would seem to be contrary to what many of us would expect. Our possible reactions to this information is not relevant. As your customers of both web and print, we have a need and right to know your interpretation of the Fair Use Doctrine, as it applies to this situation in particular, and other websites in general.

      I understand it takes a day or two and it has only been 24 hours, but I think most people would agree that 72 hours would be a reasonable time frame for a formal clarification. I am not sure how I would view a lack of communication after 72 hours.

      I appreciate Matthew Rothenberg's quick update and reassurance, but I need something more substantial and binding. An official release from Ziff-Davis via email to everyone that asked for it, is a reasonable compromise. Matthew appears sincere, and seems to have the authority to make this happen, so at this stage I will give Ziff-Davis the benefit of the doubt.

      Thanks in advance.

      --
      Tequila: It's not just for breakfast anymore!
    36. Re:Blogs by MatthewRothenberg · · Score: 1
      Pharmboy: Fair enough! The corporate wheels always turn a little slower than I'd like, but here's my update ...

      We met today to review the events leading up to this incident with PocketPCTools, and I'm gratified to report that my superiors understood the issue and endorsed the statement I made here.

      They also understand the importance of coming up with something more formal to forestall future problems and better support our commitment to the principles of the Web.

      To that end, our VP of audience development and I spent the afternoon dotting i's and crossing t's on a policy statement about linking and reprint policy. It's now making the rounds of legal, PR, and the rest of the departments that need to endorse and support it going forward.

      It'll probably take a day or two to make that public -- isn't it always the way? -- but in the meantime, I'm comfortable saying that the message I sent last night has the backing of Ziff Davis Media. If anyone here has any questions about how this impacts their personal relationship with us or our content, e-mail me; I'm standing by to field questions.

      And please bear with me on the follow-through, which I'm lobbying to expedite! :-)

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

  3. Don't Worry... You're Covered. by Anonymous Coward · · Score: 1, Informative

    They have no case because you provided only and excerpt, gave the source, and provided a link. If it were pay-for-use content - it would be different. Sounds like they are just trying to bully the small guys of the net.

    1. Re:Don't Worry... You're Covered. by WebMasterP · · Score: 1

      Even if it was pay-for-use, part of your copyright fair-use rights allow you to use some of the content as part of a larger piece. If the excerpt was short (say, less than 5-10% of the article) and was part of a seperate work (e.g. the comments made about it), he has every right to quote like he did. It's like when you buy a book. You can quote sections out of it even though you don't own rights to the book; you just own the PHYSICAL book.

  4. Well by Anonymous Coward · · Score: 0

    Well, either ZDnet people don't know the difference between a product, and press coverage or that other guy is not officially.. press.

  5. Let's send a message... by bergeron76 · · Score: 4, Interesting

    ... let's boycott ZD websites for the next month or so.

    I'm fairly certain that if the /. crowd stopped visiting ZD et al. for a month or so, they would realize the err of their ways.

    A tech mag/publisher should know better.

    Anyone have a list of Ziff/Davie sites we shouldn't visit for the next few weeks?

    --
    Don't think that a small group of dedicated individuals can't change the world. It's the only thing that ever has.
    1. Re:Let's send a message... by Loadmaster · · Score: 3, Funny

      Actually, to send the right message we should post a story about ZDnet and /. their servers. See how much traffic you would have missed if there was no link? Damn, ZDnet should pay /.

    2. Re:Let's send a message... by foidulus · · Score: 4, Funny
    3. Re:Let's send a message... by Anonymous Coward · · Score: 0

      Listen to parent, editors. Don't approve any links to ZDNet Articles.

    4. Re:Let's send a message... by WNight · · Score: 3, Interesting

      Let's boycott them by not linking to them. The way Google ranks a page is partly by the popularity of the site. If less people link to ZD they'll show up lower in the rankings.

      Like a reverse google-bomb. Less powerful because anyone can post a link, whereas only people who already had ZD links can remove them, but it's still worth a try.

      Or, just google-bomb "Ziff Davis" by linking to the page describing their over-zealous legal team. Let people find them, just make sure that damaging information is the first thing they find.

    5. Re:Let's send a message... by robochan · · Score: 1

      That would also cover Cnet. Cnet==Zdnet: the same articles word for word.

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    6. Re:Let's send a message... by John_Booty · · Score: 2, Informative

      I'll boycott linking to them, for sure.

      I have a medium-sized website (about 170,000 pageviews a month and 1,300 members) and while I'm sure they aren't even going to NOTICE a lack of links from my site, I'll do my small part and not link to them ever again.

      If everybody did the same...

      --

      OtakuBooty.com: Smart, funny, sexy nerds.
    7. Re:Let's send a message... by Grail · · Score: 1

      Posting such a list would be counter-productive, since so many of the Slashdot zombies would just click away... we'd be sending them more traffic, not less.

    8. Re:Let's send a message... by foidulus · · Score: 1

      Off-topic but interesting nonetheless, the top listing for a search of "the" on google yields the onion. Hooray!

    9. Re:Let's send a message... by Anonymous Coward · · Score: 0

      Hardly likely.

      Most of the grammar impaired non-purchasing power fanboys who populate the majority of the Slashdot demographic have zero impact to the advertisers who are carried in Eweek.

    10. Re:Let's send a message... by EvilIdler · · Score: 1

      I'm already boycotting them, but if you are a current
      reader AND have the energy to write them, tell them WHY
      you are boycotting them.

    11. Re:Let's send a message... by akeyes · · Score: 1

      So, you just post a list and no links, the /. zoombies will just skip over them like they do to article text.

    12. Re:Let's send a message... by jpnm · · Score: 1

      ZDNet is not owned by Ziff Davis (who are the ones threatening over linking). It is owned by CNET, and we like it when slashdot links to us.

  6. Ziff-Davis != ZDNet by buzzdecafe · · Score: 5, Informative

    For the record: In 2001, CNET bought ZDNet. Ziff-Davis magazines were spun off to another company, Ziff-Davis Media. eWeek is Ziff-Davis, not ZDNet.

    1. Re:Ziff-Davis != ZDNet by LostCluster · · Score: 0, Redundant

      The original deal with CNET sold the rights to all of ZD's web properties, including the exclusive right to publish all ZD magazine content on the web. It wasn't until a later deal that Ziff-Davis Media recaptured the web domains and right to web publish their own magazine content.

    2. Re:Ziff-Davis != ZDNet by Richard+Whittaker · · Score: 0

      That's good to know! I was just thinking about canceling my Computer Gaming World subscription!

  7. Link Link Link Link by yodaj007 · · Score: 1
    --
    These aren't the sigs you're looking for.
    1. Re:Link Link Link Link by Anonymous Coward · · Score: 0

      So this is the idea of /. boycotting the site. Nice.

    2. Re:Link Link Link Link by Anonymous Coward · · Score: 0

      Link link link to the wrong company!!!!

      You want..

      http://www.ziffdavis.com/

      (I think, although this whole story could be made up, for all we know)

  8. Oh no. by modifried · · Score: 2, Funny

    Slashdot just posted a snippet from pocketpctools.com, and a link to their site. Let's hope pocketpctools.com doesn't threaten legal action.

  9. Ha. by protocol420 · · Score: 2, Interesting

    There is no way this will stand up. No laws are being broken (IANAL), and it would kill pretty much every postnukey news site

    --
    www.gaian-mind.org - eco-punk/crust coop and collective | www.anarchistfederation.org - so cal anarchist federation
  10. Hard to Believe by Scalli0n · · Score: 5, Interesting

    I find this hard to believe, let's see the emails that they 'might not be allowed to post'. Otherwise, it's just them trying to get attention and traffic, in my opinion.

    --
    Sig & Below
    Yuck Fou
    1. Re:Hard to Believe by pocketpctools.com · · Score: 1

      Its real, alright. I have a pretty good understanding of Fair Use, but I am unclear on where the emails fall. If someone can help us out in deciding whether its legit for me to post them, I will gladly do so.

  11. Why use legal means? by Anonymous Coward · · Score: 3, Insightful

    There are easy technical means to stop people from linking to you. You check the referer header, and if it's from a site you don't like... you block it! Yes, a few people will have blank/fake referers, but they are in the minority.

    Example... Mozilla's Bugzilla doesn't want Mozilla to link to their bugs, so they block them! Easy.

    1. Re:Why use legal means? by thedillybar · · Score: 1

      Speaking of which, how about an extension so I can right-click and "Fake referer header"?

    2. Re:Why use legal means? by JamesKPolk · · Score: 1

      killall httpd prevents those pesky links, too.

    3. Re:Why use legal means? by VanessaDannenberg · · Score: 1
      There are easy technical means to stop people from linking to you. You check the referer header, and if it's from a site you don't like... you block it! Yes, a few people will have blank/fake referers, but they are in the minority.

      Example... Mozilla's Bugzilla doesn't want Mozilla to link to their bugs, so they block them! Easy.

      It's really too bad they wasted their time doing something like this. Aside from all of the arguements about fair use and deep linking that I've seen here and in the past, I don't see how this saves the Mozilla/Bugzilla team any trouble or bandwidth, or for that matter any of the other websites out there which attempt to do the same.

      It's a small matter of right-clicking on the link, "Copy Link Address" (or similar, I use Opera), and then middle clicking somewhere on the page to go to the URL you just copied. Three clicks, no keyboard activity, no faked web browser settings, and no Referrer ID for the webserver to chew on. Seems like it's pretty easy to circumvent such a "protection" scheme.

      On, wait.. This is Slashdot. We're all too lazy to click more than once to view a site. :)

      --
      Karma: I don't care too much, but it's 0.0% (mostly due to lack of interest)
  12. Mod parent up by Raul654 · · Score: 1

    That's just the kind of thinking that gets stuff done (with no excessive legal fees, either). Screw ZDnet, if they're going to act like bullies, I'm taking my mindshare elsewhere.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  13. Wankers. by Aldric · · Score: 2, Insightful

    I say boycott ZD until they stop smoking crack.

  14. If the content's protected by rsilvergun · · Score: 5, Interesting

    with a password, then yes, you should need permission/a license to link to the article. However, I believe posting snippets for editorial/review purposes is _always_ legal. It's fair use and newspapers rely on it daily.

    If there's no password protection then it's publically available information. As long as you're not cut and pasting, you're not copying, so copywrite doesn't come into play. Heck, as long as the data comes off ziff's servers, the only copying taking place is onto the users computers (which you have an implicit right to do so). This is kinda like me giving a speech in the park and sueing passers-by for infringment.

    Now, in the fscked-up world of US copyright law, all the common sense outlined above probably doesn't mean much. All I can say is, good luck to these guys.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:If the content's protected by TWX · · Score: 5, Informative

      Remember though, the courts are stupid. They ordered 2600 Magazine to not link to anything ever having any remote thing to do with DeCSS. That looked like a pretty damn clear cut case of violations on 2600 Magazines' rights to freedom of speech, and also was kind of contrary to the entire point of HTML, but the courts did what they did anyway.

      --
      Do not look into laser with remaining eye.
    2. Re:If the content's protected by HrothgarReborn · · Score: 3, Informative

      Yes but linking to DeCSS would be contributing to a crime (in the view of the court). They were not told they could not do so because it voliated the IP of others. It would be like prohibiting a site from linking to kiddie porn. It is contributing to people distributing illegal material. I disagree about DeCSS but the legal principle is sound.

      This case is about not being able to review _legal_ articles without paying a fee and getting permission. That means thay could silence any nay sayers, and it contradicts previous rulings on fair use.

    3. Re:If the content's protected by Alsee · · Score: 1

      If the content's protected with a password, then yes, you should need permission/a license to link to the article.

      That's rediculous. If it *is* password protected then they will not display that page without a password. It would be a non-functional link, or at best a link to a password dialog.

      If you click a link to their website and their server then sends you the webpage without requiring a password, well duh, then they are not password protecting that webpage.

      The idea that you need a "licence" to make a link is just plain stupid. A link is nothing but a written address. I no more need a licence to post a web address then I need a licence to post the street address, room, and shelf of a book, and a page number.

      If I post an address and you knock on that door the people at that address are perfectly free to ask for ID before letting you in and showing you the book. If you go to that address and knock on that door and they welcome you in and show you the book, well, *they* welcomed you in and and *they* showed you that book.

      Either way, there's no way I need a licence to state a location.

      Link: Washington DC, US Pentagon building, room 221b, filing cabinet Baker, top draw, folder labeled M.D. Watson.

      I do not need any special "licence" to state that location. The owners of the building are perfectly free to stop you at the front door and decline to show you the contents of that folder.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:If the content's protected by Alsee · · Score: 3, Insightful

      the legal principle is sound

      A web link is nothing but a written address.

      Then the reporters and editors and publishers should be thrown in prison for "contributing to people distributing illegal material" every time they print the address of a crackhouse or the address of any other illegal activity. Making a written address itself illegal is a very very dangerous precedent. Not only would it make the New York Times illegal for publishing addresses of illegal activity, but it is also quite a mess because the owners of that location can always change the content of that location from cookies to cocaine.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:If the content's protected by argent · · Score: 1

      If the content's protected by a password, then it's protected by a password. That's got nothing to do with whether you need or don't need permission to post a link. If anything, it reduces the potential for even a percieved infringement... because you're not linking to the story except for people who have already entered into an agreement with the publisher!

      If you want to think about it in "common sense" terms, a link is no different than any other bibliographical reference. One shouldn't need permission to post a link any more than one needs permission to write "32. Scientific American July 1999, pp19..23".

    6. Re:If the content's protected by aero2600-5 · · Score: 1

      The courts aren't always stupid. You had the right idea to bring up 2600, but you thought of the wrong lawsuit. The DeCSS case of DVD-CCA vs. 2600 Magazine wasn't really about linking. It was about DeCSS being a circumvention device and therefore illegal under the Digital Millenium Copyright Act (DMCA). The proper case that applies to this is Ford Motor Company vs. 2600 Magazine, and the story of fuckgeneralmotors.com. 2600 registered the domain to exercise their right to free speech and to prove a point. They also decided that anyone willing to type 'fuckgeneralmotors' into their address bar was probably dissatisfied with GMC and would probably be interesting in a different manufacturer. fuckgeneralmotors.com/ was pointed at Ford.com. Ford Motor Company sued 2600 Magazine believing that 2600 had no right to direct their site at ford.com without their permission. As the World Wide Web is built on linking, the judge quickly decided in favor of 2600 Magazine. And for all who may be interested, is currently pointed at Citroën's website.
      As it is, Mr. Rothenburg is trying his hardest to make up for the errors that one of his employees has made. At least he has some common sense.

      --
      Please stop hurting America -- Jon Stewart
    7. Re:If the content's protected by HrothgarReborn · · Score: 1

      Good point. But I see the difference as the New York Times is putting out addresses of places where you used to be able to get crack. If the address is in the paper I bet there not still selling it there. On the other hand if crack dealers could advertise in the classifieds to peddle their wares, I would bet NYT would be held accountable or at least forced to remove the ads.

    8. Re:If the content's protected by Alsee · · Score: 1

      addresses of places where you used to be able to get crack. If the address is in the paper I bet there not still selling it there.

      You're kidding, right?

      Sure a lot of news reporting amounts to almost trivially passing on statements issed by the police, or following police around an reporting what they do. However the best and most important investigative journalism reports on events that the police haven't even discovered, or where the police have failed, or where the police have chosen not to act at all.

      I'd wager quite a few Pulitzer Prizes fall into exactly this catagory.

      if crack dealers could advertise in the classifieds to peddle their wares

      Hello! What better way way for the police to find the criminal than to have their address published?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  15. Is this really a big deal? by TROLLCmdrTaco2 · · Score: 4, Insightful

    After reading Slashdot for a while, I get the impression that these things happen all the time, and most of them are due to an overeager employee/lawyer who can be easily shut up with a polite letter pointing out why you aren't breaking the law, or, if that doesn't work, then a letter from a law firm which says the same. This isn't DeCSS-like infringement

    It's unfortunate you have to do this, but this kind of stupidity seems like something web-authors will have to live with no matter what kind of copyright laws your country has.

    I think the most important thing is just to know that this happens, and not to panic.

    1. Re:Is this really a big deal? by HrothgarReborn · · Score: 1

      I have to agree with the parent. The test of our laws is in what the courts decide, not what threats a lawyer can make.

      The system is broken however when it is too expensive and difficult to get the courts to step in and make a ruling allowing the little guy to loose simply on the basis that the big corporate lawer can beat up his low budget/pro bono/fresh out of law school lawyer.

    2. Re:Is this really a big deal? by Reziac · · Score: 2, Interesting

      Has anyone with good knowledge of the relevant laws worked up a chunk of legal boilerplate that folk so-threatened could use for such situations? Seems to me that would save a lot of worry and acrimony.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  16. Watch out slashdot! by Muerto · · Score: 5, Funny

    Your days are so totally numbered.

  17. Dumb by KangXii · · Score: 1

    ZDNet must be going bankrupt or something to do something this dumb. If you can sue someone for referencing something from another source other than thier own or even mentioning them, a lot of people would be broke right now. Isn't this why the concept of "Works Cited" was invented? As long as you tell where you got your information from, it should be ok, right? Apperently not.

  18. Good Press by attobyte · · Score: 0

    This should give the the press they want.

    Assholes

    --
    I didn't use the preview button, so get over it!!!!

    Mike

  19. Purpose of the internet? by JeffSh · · Score: 1, Insightful

    What's it matter what the internet was designed to do? It's the duty of corporations to bend laws and technological infrastructure to suit their own needs, right? ZD is only doing what any good corporation looking out for their shareholder's interests would do. /sarcasm

  20. Absurd by PabloJones · · Score: 3, Insightful

    This is absurd. If it's just a snippet of information from the website, given proper credit to the source, what could be the problem?

    What happens when Google News takes the first sentence of one of their news stories and uses it on their front page?

    The point of making news is for people to actually read it (along with the ads displayed along side it). Barring access to this news doesn't make much business sense. Sounds to me like Ziff-Davis has an overzealous legal team, which acts in self-interest rather in the interest of the company as a whole.

    1. Re:Absurd by ScrewMaster · · Score: 1

      Well, in principle I agree with you however when deep-linking occurs, the viewer doesn't travel the normal path through the linked site. That means that he or she isn't exposed to the proper number of click-through advertisements, thus depriving the site of much-desired revenue, you see.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Absurd by PabloJones · · Score: 2, Insightful

      However, according to Jakob Nielsen, deep linking is good linking.

      If it's a pain in the ass for users to find what they want on the site, then people aren't going to want to use it. And if they prevent others from deep linking, they are only going to lose visitors that may well go beyond the deep-linked page, browsing the site if they find it interesting, while at the same time viewing ads.

      The chances are that the people clicking through from the PocketPCTools weren't going to know about or have the inclination to go to eWeek in the first place. So in this case, they are getting visitors, a vast majority of which would not have visited eWeek without this link.

      And if they wanted, they could probably redirect all deep link click-throughs to go to the eWeek main page if they felt particularly hostile (which it seems they do).

    3. Re:Absurd by ScrewMaster · · Score: 1

      Oh I agree ... I was just being somewhat facetious. However it is true that the folks that operate these kinds of sites would like to control your entire experience while you're in their site. That doesn't mean that they are doing what is best for themselves, but they do seem to want the control.

      --
      The higher the technology, the sharper that two-edged sword.
  21. Wait a min... by strredwolf · · Score: 2, Informative

    They followed MLA spec for literary works! ZDMedia has no right to demand removal when it's been properly quoted.

    --

    --
    # Canmephians for a better Linux Kernel
    $Stalag99{"URL"}="http://stalag99.net";
  22. What's in their robots.txt file? by Stephen+Samuel · · Score: 2, Insightful
    We should send an email to Google, Yahoo, MSN et al. telling them to remove all link to ZD-Net sites.

    That and otherwise stop linking to them altogether.

    --
    Free Software: Like love, it grows best when given away.
  23. Not Likly... by Demanche · · Score: 2, Insightful

    I'm sure ZDNet itself has links to other news sources in many places... maybe they should set a standard and pay some royalties to those sites also .. ;)

    --
    Mod me down im a newf (wiki)
  24. Looks like Yahoo must have bought out TechTV!!! by Mnemennth · · Score: 1

    This is just the kind of unenlightened ignorant self-destructive money-grubbing BS I've come to expect from them... demanding a nickel in cash over internet traffic worth a hundred bux.

    Dipsh!ts.

  25. It's Fair Use . . . by HrothgarReborn · · Score: 5, Insightful

    I thnk pocketpctools has a pretty solid stance. If they cannot give a short quote with a reference then why is it legal for me to do the same in a research paper? How will anyone ever be able to do a book review? This type of useage is what makes research and debate possible. I mean Bush can quote Kerry (and often does) in order to make a logical debate, and he does not need a license from Kerry. This is an example of our failed system, where corporate thugs can make any demand and win because the system is too difficult and costly to use to defend one own legitimate rights.

    PS Any one who laughs at Bush being logical should get -1 offtopic. Of course, I should get +5 funny for saying it :)

    1. Re:It's Fair Use . . . by Anonymous Coward · · Score: 0

      I mean Bush can quote Kerry (and often does) in order to make a logical debate, and he does not need a license from Kerry.

      Dude...You just mentioned "Bush" and "logical debate" in the same sentence. Something seriously fucked up is going to happen now...

    2. Re:It's Fair Use . . . by Anonymous Coward · · Score: 0

      Ironically, the parent comment is the real example of our failed education. Some website posts something about some undisclosed emails between two private parties, and next thing we know, HrothgarReborn believes that the law has totally changed and the system has failed.

      Here's a clue pal: nothing's been substantiated, nothing's been through the justice system. You are assuming Ziff-Davis is guilty until proven innocent. YOU are what's wrong with the system. YOU AND THE MODERATORS who rated your comment "insightful."

    3. Re:It's Fair Use . . . by Anonymous Coward · · Score: 0

      If they cannot give a short quote with a reference then why is it legal for me to do the same in a research paper?

      Why would you want to. This is Ziff-Davis, after all ;^)

    4. Re:It's Fair Use . . . by InfiniteWisdom · · Score: 1

      Bush can quote Kerry (and often does) in order to make a logical debate

      I believe you mean Bush is allowed to. I'm convinced that man is incapable of logic

  26. Click through email license... by BlabberMouth · · Score: 1

    Maybe someone needs to invent a click-through email license. Microsoft will probably produce it and thereby force all recievers to install spyware and viruses on their computers to read email.

  27. Contact the EFF... by Romeozulu · · Score: 1

    They can help you fight this. If they turn you down, please post why.

  28. Perhaps you don't... by c0dedude · · Score: 1

    Even if they don't have the money to fight this, perhaps someone does. They should ask someone to do something about it.

    --
    Since when has this country used intellectual elite as a pejorative term?
  29. Idiotic by i+wanted+another+nam · · Score: 0, Troll

    Idiotic accusations made by an idiotic website run by idiots, and trusted by idiots.

    I never visit their site anyways. Idiots.

    --
    The image is a dream, the beauty is real. Can you see the difference?
    1. Re:Idiotic by Anonymous Coward · · Score: 0

      I never visit their site anyways.

      Which, of course, would explain how you know the quality of their site so well...

  30. zndet sucks now by mantera · · Score: 4, Interesting

    I used to read zdnet a while ago when David Coursey was there, but ever since he got squeezed out it totally sucked. They have this self-promoting Esther Dyson working there whom they interview every now and then and headline her on the front page for a whole week or so; she's such a bore to listen to and her "release 1.0" monthly newsletter is priced at ~$800 yearly subscription. She made me hate the word "visionary".

  31. Well, welcome to the United Reich of America by Anonymous Coward · · Score: 0

    I've been saying for years that copyright and patent are stealth fascism, but would you listen? Well, yeah, actually, most of the time people do listen, but then still go do amazingly dumb stuff.

    Oh well. NUKE THE USPTO!

    1. Re:Well, welcome to the United Reich of America by ScrewMaster · · Score: 1

      Well, now that's not really fair ... just shooting the messenger. The laws and regulations which the United States Patent and Trademark office promulgates are a direct result of Congressional action, interference and malfeasance. Send your nukes there instead.

      --
      The higher the technology, the sharper that two-edged sword.
  32. Sounds like... by PinternetGroper · · Score: 1

    National Public Radio a while back ago...

  33. coincidence by Trailwalker · · Score: 1

    Just got a postcard asking me to renew a subscription to one of their mags.

    Really have to think about it now.

    1. Re:coincidence by superpixel2000 · · Score: 1

      I'm cancelling my subscription to EWeek over this. I know that many of the writers there probably cringe at this sort of foolishness (not the linking, the "fair use" quoting). So it's sad when the lawyers decide to crush the little guy in the name of stockholders... BUT, there it is. How can I be sure their reportage is accurate when their grasp of the 1st Amendment is so slippy?

      --
      did you win a free ipod? build a case for it here
  34. Who else is on their list by rant-mode-on · · Score: 1

    Holy cow, Somebody is gonna get sued big time.

  35. Re:fp by Anonymous Coward · · Score: 1, Funny

    or better yet, mod it and you both down for trolling or offtopic, yea, that w00d be FuNNi3z d00dz.....

    (god damn, l33t wannabes suck)

  36. What are you supposed to do... by Electrawn · · Score: 0, Offtopic


    What are you supposed to do when Slashdot links your smalltime site...you get a ton of hits and suddenly have a huge bill for gigs of transfer...

    Meanwhile, the guys at OSDN made $400 or more serving ads on the comment links while your server is a smoldering ruin?

    Is it fair for one commercial site to link to another sites content - producing a leech effect - and not compensating the other site for linking?

    -Electrawn

    1. Re:What are you supposed to do... by realdpk · · Score: 1

      First off, you don't have to publish your content on the Internet, where everyone can view it.

      Second, you can trivially set up a download limit on your site by removing (moving elsewhere) the content automatically if it gets X many hits in an hour (say).

    2. Re:What are you supposed to do... by bwt · · Score: 1

      Is it fair for one commercial site to link to another sites content - producing a leech effect - and not compensating the other site for linking?

      Yes, it is. When you place your content so it is accessible by HTTP, you know that this means that people can link to it. If you don't want others to link to it, you have many options. You can password protect it, you can check the referrer page in the HTTP request header, you can check a cookie, or (gasp) you can take it off the web. You are in complete control. By placing something on the web you inherently agree to allow it to be used in web-like ways that you take no technical steps to prevent.

      Besides, all a link does is create an HTTP **request**. It seems that every six months or so, somebody knew gets confused about the difference between copying somebody elses content and automatically asking for a copy to be made. Courts have already rules that deep-linking is legal because there is no copying by making a link and because the originator retains full control.

    3. Re:What are you supposed to do... by geekoid · · Score: 1

      There are easy to implement technical solutions to this issue. You can not expect sites to be responsible for your bandwidth.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:What are you supposed to do... by ScrewMaster · · Score: 1

      Yes. Linking is a fundamental property of the World Wide Web. If you don't want people to link to your content don't post it and don't promote it in any way. Matter of fact, simply disconnect your server from your local fiber trunk and stop worrying about it. The ONLY reason that these people are concerned about linking has to do with their not being able to shepherd users through their site in the desired manner, thereby exposing them to the maximum number of paid advertisements. The fact that they don't like deep linking or find it inconvenient is irrelevant. It's the system. That's the way it works. The benefits that everyone enjoys from hyperlinking far outweigh the concerns of a few legal-minded news organizations that have already reaped the rewards of Internet technology, and would like it to be adjusted more to their taste. That's too damn bad. If it bothers them so much they can just find another line of work. Or better yet ... just start using deep linking themselves. Fair's fair.

      --
      The higher the technology, the sharper that two-edged sword.
  37. As always, the summary is wrong. by xigxag · · Score: 5, Interesting

    This is not about linking. This is about Ziff-Davis (or probably a bot) catching pocketpctools.com (over-)quoting their article. They claim it was plagiarism, ppctools claims it was fair use.

    Note that pocketpctools.com still links to the article in dispute at the end of their statement. So linking is obviously not the issue.

    That is all. Carry on.

    --
    There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    1. Re:As always, the summary is wrong. by pocketpctools.com · · Score: 0, Redundant

      To clarify... We were informed that we could link to it, but not mention what was in the story. Figure that one out.

    2. Re:As always, the summary is wrong. by MatthewRothenberg · · Score: 3, Informative
      You're right! This was arrant nonsense -- and it's not actually our policy on eWEEK.com.

      My sincere apologies to PocketPCTools for this misstep by our legal department.

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

  38. What's the matter with Ziff Davis...? by Zathras26 · · Score: 1

    Pocket PC Tools quoted a short passage (which comes under "Fair Use") and gave full credit. They were also giving free publicity to Ziff Davis and guiding traffic to their web site. Threatening legal action? Ziff Davis should be saying "thank you" -- or, at the absolute worst, "Thank you, but please ask us first in the future."

  39. Re:fp by Anonymous Coward · · Score: 0

    That's his last name? "Schnitzel"?

  40. The news post has this all wrong! by Guspaz · · Score: 1

    ZD isn't objecting to the link, which everybody here has decided they are. Instead, they are simply objecting to their copyrighted content (the "snipper") being posted on another site.

    This is much more reasonable than the news post and the responses to it make it out to be. There is no mention in the article about ZD objecting to the link itself.

    1. Re:The news post has this all wrong! by faedle · · Score: 1

      Except, at least in the United States, such a snippet falls well within the guidelines of "fair use."

    2. Re:The news post has this all wrong! by Guspaz · · Score: 1

      Yes, but that's not the point, the point is everyone is making a huge deal over ZD objecting over the link... Which they didn't!

    3. Re:The news post has this all wrong! by Anonymous Coward · · Score: 0

      Here's a snippit from eweek.com for ya:

      Lotus Bloggers and Analysts Brawl, Bogus Postings Alleged
      By Sean Gallagher
      August 5, 2004

      As many companies are discovering, Weblogs have become both a way to build relationships with customers and a battlefield. Blog right, and your company gains an army of grassroots marketers. Blog wrong, and you gain an army dedicated to bringing you down.

      The Radicati Group Inc. found this out the hard way last week. When IBM Lotus partisans took issue last week with the firm's recent white paper favoring Microsoft's corporate messaging and collaboration product strategy over that of IBM, their rebukes of the report were swift and harsh. But the way that some at the analyst firm chose to respond has stoked an even greater controversy, and the battle has gotten much more personal.

      ADVERTISEMENT

      The chain of events started with a posting by IBM Lotus executive Ed Brill on his personal Weblog, which pointed to the white paper. Others in the Lotus community quickly started deconstructing the report in the comments area of Brill's site and in their own Weblogs.

      At least one analyst from The Radicati Group decided to take the battle back to the bloggers, and posted responses intended to discredit their criticisms of the report--under a pseudonym.

      Once it was revealed that a Radicati employee was actually making the posts, e-mails from recently opened Yahoo and Hotmail accounts--traced back to Radicati by Internet addresses in their header information--were sent to some bloggers' employers, urging that they fire the bloggers.

      As a result, the controversy has moved away from the fairness of the white paper, and has focused instead on the behavior of the analysts themselves. And now, according to sources familiar with the tussle, IBM's lawyers have gotten involved.

      "That was absolutely someone else [who sent the anonymous e-mails]," said Sara Radicati, president of The Radicati Group. She added that she is "fairly certain" that no one in her company sent them. But those who have received the e-mails, including messages from a Yahoo account under the name of Daniel Johnson, say the IP addresses in the header information of the messages point straight back to Radicati's network.

      PointerClick here to read about another Radicati Group report predicting that IBM's e-mail penetration will decline.

      One of the bloggers targeted by those e-mails was Bruce Elgort, co-founder of OpenNTF.org, a Notes open-source community. He said an e-mail from Daniel Johnson was sent to the public relations contact for his employer, pointing to his Weblog, "in which he has recently been partaking in and encouraging actions that are truly degrading representations of your company and its beliefs and products, which I have always held in high esteem."

      The message went on to call for punitive action against Elgort: "I hope that you take the appropriate action with such a clearly errant employee, who is accomplishing nothing but ruining [your] good name, image and reputation with his malicious online drivel. If you are unable to do so, I will be happy to escalate this matter to someone higher in the organization."

      The message gave no contact information; the name "Daniel Johnson" was used in a number of posts to Lotus-related Weblogs regarding the controversy.

      "Someone created [the Daniel Johnson account] on July 29," Elgort said. That was two days before someone claiming to be Johnson commented on a blog in response to one of Elgort's comments.

      PointerMicrosoft is zeroing in on Lotus with new products and services. Click here to read more.

      Sources close to IBM report that additional e-mails calling for Brill's firing have been received by IBM executives from a number of Web accounts.

      Radicati admitted that one of her employees did post to Brill's blog. "Unfortunately, one of my employees took it upon himself to respond to some of the blogging," she said. "It was only one small incident, on

  41. So, in simple terms, the story summary is wrong... by WIAKywbfatw · · Score: 5, Interesting

    The bad guys in this case are Ziff-Davis Media, publishers of the print magazines and the www.eweek.com/ website that was linked to in pocketpctools.com's article.

    ZDNet, which originally was Ziff-Davis's umbrella web prescence now has nothing to do with Ziff-Davis, and thus ZDNet is an innocent party here, so mentioning its name (as the story summary does twice) is completely inaccurate.

    In fact, as it stands, the Slashdot story summary is highly actionable, as it places ZDNet in a very negative light for the misdeeds of a totally unrelated company. But, despite the fact that they're almost certainly libelling ZDNet here, the chances of the Slashdot editors actually doing something about it and changing the story summary are minimal.

    Yes, confusing Ziff-Davis Media and ZDNet is a mistake that pocketpctools.com themselves make but the Slashdot editors should know better. Some basic fact-checking on their part wouldn't go amiss but that would involve an actual editorial review process, something that Slashdot has never really had, hence the dupes, fakes, spelling and grammar mistakes, inaccuracies, etc that plague virtually every story summary.

    Maybe ZDNet initiating legal action against Slashdot would be a good thing. It might actually wake Taco and co. up to the fact that getting it right does matter.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
  42. Referrer checking by vuvewux · · Score: 1

    Why don't they just check HTTP referrers?

    --

    Let's not forget that one can hate his government, but love his country.
  43. ZD is shooting itself in the foot... by rarose · · Score: 3, Interesting

    I'm sure like many busy professionals, I don't have time to sort the wheat from the chaff on all the different computer news and magazines sites. I've come to rely on a couple of specialist/niche weblogs to point me to the stories that I need.

    ZD's actions are going to result in nobody linking to their material, and thus ZD will effectively disappear from the eyeballs of people like me.

    The real question, the business question, is how long it'll take them (or their advertisers) to figure that out.

    --
    --Rob
  44. Re:fp by Anonymous Coward · · Score: 0

    Jon Katz's last name is Schnitzel?

  45. Re:Bush by Anonymous Coward · · Score: 0

    Gentoo?

  46. This just proves by Anonymous Coward · · Score: 0

    the olds saying:

    "Lawyers are the suck"

  47. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  48. The solution seems quite simple. by mattkinabrewmindspri · · Score: 1

    Everyone on the internet should quit linking to Ziff-Davis.

    1. Re:The solution seems quite simple. by t_allardyce · · Score: 1

      excellent idea, but everyone needs a page to link to instead of ZD explaining why the link isnt there. Oh google, you know you want to do this for us?

      --
      This comment does not represent the views or opinions of the user.
  49. Re:Bush by Anonymous Coward · · Score: 0

    You bet!

  50. heh by Anonymous Coward · · Score: 0

    Glad to see that Ziff-Davis Media's legal department is as incompetent as its writers.

    From the same company that brought you PC Magazine and Official U.S. PlayStation Magazine comes this next bit of inanity.

    I'm actually surprised the company has lasted this long - the entire corporation seems to exist in a no-competence zone. Ziff Davis shines as a beacon of light to the incompetent organizations of this world, for it proves to the mediocre masses of corporations that talent, skill, and hard work aren't required to succeed in the world of business.

    Oh yes - http://www.ziffdavis.com/press/inthenews is pretty much a page full of links to articles on websites that are in the same huge-ass media conglomarate that Ziff Davis is a member of - many of which link to other sites on the internet that AREN'T on their websites.

    Durr...

  51. Re:Why use legal means? fixed 4 u by Anonymous Coward · · Score: 0

    Mozilla's Bugzilla doesn't want Mozilla to link to their bugs, so they block them! Easy.

    ...doesn't want slashdot to link to their bugs...

  52. No-go, sorry, not having it, fuck you. by t_allardyce · · Score: 1

    Copying a snippet might be questionable (if that) but linking is just not debatable, a link is the same as a book reference and there ain't no way in hell anyone is going to pry that bit of free speech out of our hands.

    --
    This comment does not represent the views or opinions of the user.
  53. Z-D's Within Their Rights, But Being Stupid by reallocate · · Score: 2, Insightful

    There is no absolute yardstick for fair use. The law doesn't specify that quoting anything below a specific percentage of a copyrighted work is fair use, or that anything above is not.

    That's why copyright is a civil, not criminal issue. Ziff-Davis probably sends these letters to hundreds of sites every year. (And, it seems to work. When was the last time you saw someone pointing, regularly, to Z-D sites?) Most sites lack the money and means to challenge Z-D in court. Z-D knows they might lose a Fair Use case, but also knows that the recipients won't take them to court. Hence the letters.

    It's a silly thing to do -- driving away potential traffic -- but Z-D has the right to do this. And, they will keep on doing it until someone takes them to court and wins.

    --
    -- Slashdot: When Public Access TV Says "No"
  54. Did they link... by Edward+Teach · · Score: 1
    --

    Setting his threshold to 5, Sparky eliminated most of the trolls on /.

  55. This is not the first time... by onegear · · Score: 1

    Wasn't there a story a year or two ago about NPR (National Public Radio) doing the same thing?

  56. I thought we had outgrown this. by Blue_Lizard · · Score: 2, Interesting
    Here's a suitable reaction to this kind of thing...

    Don't Link to Us! links to sites that attempt to impose substantial restrictions on other sites that link to them. The Linking Policy for Don't Link to Us! precludes us from requesting permission to link to a site, and compels us to link directly to the targeted page (i.e., a "deep link") rather than to a site's home page. Descriptions of sites' linking policies generally are accurate (though often not complete) at the time they are posted here but are likely to change over time. On occasion a web site will modify its linking policy in response to public ridicule. Perhaps their appearance in Don't Link to Us! will help encourage some of these sites to move forward into the 20th century.
    Don't Link to Us! is published by David E. Sorkin.
  57. Fixed Fonts by jeffkjo1 · · Score: 1

    Not to nitpick, but I think it should be illegal to use 6 point fixed-css-based font sizes. Dear lord, I'm still in the 18-24 age bracket and I could barely make out the text, and that's on a 19 inch monitor at 1024x768.

    1. Re:Fixed Fonts by BlacKat · · Score: 1

      While I agree they should use proportional sizes you should probably get an eye exam... or perhaps a better monitor?

      I could read that article just fine on a 110dpi LCD monitor at 1600x1024 and I am in the next age bracket. ;)

    2. Re:Fixed Fonts by t_allardyce · · Score: 1

      Well if your browser was decent it would be able to handle making those fonts bigger

      --
      This comment does not represent the views or opinions of the user.
  58. Your rights by Anonymous Coward · · Score: 3, Interesting

    Well ZDNET might say watterever they wan't, it's not because they are preparing a syndicated news service (paid of course) that they can bypass law.

    The fact is, you have the right to link to their story as long as you cite the source and you have the right to give an exerp of the story as long as it's not a condensed version of the story (meaning that if you understand the whole thing w/o going to ZDnet this means that your exerp has gone too far)

    Usualy a 2-3 line expert is considered ok by copyright law.

    You're gonna talk about deep linking heh ? Well deep linking has been defined as roughfly more than 4 clicks to the story (there is no magical number) ... so if it's front page or second page you're safe.

  59. That small site needs a defender... by SmoothTom · · Score: 2, Interesting

    This is JUST the sort of thing that very much needs to be settled in a court of law.

    It appears that the pocketpctools site was totally within the law, and that Ziff-Davis has gone well beyond their legitimate ownership rights into harassment. I suspect they are depending on the difference in size to make the smaller opponent simply fold rather than fight them.

    We need one of the organizations (EFF?) with the ability, muscle, and money to push this one right back into Ziff-Davis' face. This sort of abuse needs to be stopped, and needs to be stopped hard.

    Since this particular incident appears to have clear, clean boundries it might be an ideal one to clear up the legal questions, and to set hard limits.

    --
    Tomas

  60. This doesn't make any sense by tkrotchko · · Score: 1

    I thought (and I could be wrong) that when you published a commercial, publically available website, you try to get more people to look at it.

    You can do this through search engines, through placements in other web sites or in print.

    When then, would you not want a site to link to you?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  61. Re:fp by Anonymous Coward · · Score: 0

    That's how I understand it. "Schnitzel". Grotesque, isn't it?

  62. Ester Dyson by tkrotchko · · Score: 0, Offtopic

    Ester Dyson is mainly known as the inventor of the word "vaporware". She was relevant about 20 years ago, but I don't think she's come with anything witty or relevant since.

    I think her pitch now is "I knew Bill G and Steve J when they were just starting" kind of thing. I suppose that nets you $25K speaking gigs, but you wouldn't take their advice for anything that involved money...

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  63. Re:fp by Anonymous Coward · · Score: 0

    Odd. However, I always suspected that he was actually a spy for the Third Reich.

    What do you say to that, Herr Schnitzel?

  64. Let them know what you think. by BCW2 · · Score: 1

    Contact Ziff-Davis and tell them what you think about this foolishness. Tell them you will let all discussion groups in the computer indusatry know about it. The potential loss of subscribers(revenue) will change their mind fast.

    When dealing with a commercial interest, a threat to the bottom line gets the most results. Because it's the only thing they care about.

    --
    Professional Politicians are not the solution, they ARE the problem.
  65. Re:fp by Anonymous Coward · · Score: 0

    it's all explained here: Internet Yzzerdd(How boastful). Best viewed with IE, go figure.

  66. Picture maybe by mAineAc · · Score: 1

    It doesn't say so or not but perhaps they were using a picture from the story and linking to that also. I didn't see the original story and the one they showed didn't have a picture. But, linking to pictures is a no-no isn't it? Perhaps they are taking that point of view a little to far on something like this.

  67. Traffic = good by xgamer04 · · Score: 2, Insightful

    Um, nobody (I think) has posted this yet, so here goes...

    I always thought that linking to your website was a GOOD thing, especially when it's your JOB that's depending upon people visiting your site. If all websites started doing this, search engines would be out of business and nobody would be able to find anything on the web.

    --
    When you look at the state of the world, how can you not become a radical, liberal anarchist?
  68. Doesn't make sense by tkrotchko · · Score: 1

    Putting up a web site is inherently a public thing; sites that are private or require a membership generally require some sort of authentication to gain access. So lets assume that isn't true and that a web site exists with no passwords and all the world can go to it.

    1) If you are a commercial site, presumably you want traffic because you benefit somehow. Selling ads, selling memberships, brand-awareness. This kind of site probably enjoys the mention

    2) If you are a private website that talks about your hobby, then I can see a problem, but that's the risk of running a public site.

    I look at it this way...If I put a circus in the front yard, free for whomever stops by, I can't be shocked to find out a bunch of people show up to see the circus. If I wanted better control, I'd put the circus in the backyard with a fence around it. I mean, you can't have it both ways.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  69. Re:So, in simple terms, the story summary is wrong by moonbender · · Score: 1

    But, despite the fact that they're almost certainly libelling ZDNet here, the chances of the Slashdot editors actually doing something about it and changing the story summary are minimal.

    I guess you just provoked them into it. ;)

    --
    Switch back to Slashdot's D1 system.
  70. Quotes, links, and the Jerky Boys by superpixel2000 · · Score: 1

    The link thing is a non-issue. You can't threaten legal action over this. Yeah, some don't like deep links. Too bad! The sad thing about deep links for some sites (ahem, newspapers mostly) is that they die within days if not hours.

    The quote thing is a measurable entity. From what I've seen there's probably not a case. Just a twitchy legal dept. inspired by the likes of SCO...

    As the Jerky Boys said, "sue everybody!"

    Here's what I am going to do (replied earlier):
    I'm cancelling my subscription to EWeek over this. I know that many of the writers there probably cringe at this sort of foolishness (not the linking, the "fair use" quoting). So it's sad when the lawyers decide to crush the little guy in the name of stockholders... BUT, there it is. How can I be sure their reportage is accurate when their grasp of the 1st Amendment is so slippy?

    Good thinking jr. college lawboy!

    --
    did you win a free ipod? build a case for it here
  71. Current ZD front page story by t_allardyce · · Score: 1

    Improving Your Odds for Positive Press Coverage

    Getting your messages in front of the right audiences requires an integrated approach, blending a range of marketing communications vehicles. So, how do you improve your chances for media coverage that puts your company or product in a positive light? Mary Jo Foley, editor of Microsoft Watch, offers the following advice for those who want press coverage for their products and services.

    --
    This comment does not represent the views or opinions of the user.
    1. Re:Current ZD front page story by t_allardyce · · Score: 1

      btw thats spelt i, r, o, n, y.

      --
      This comment does not represent the views or opinions of the user.
  72. What about citing your sources? by supersat · · Score: 1

    In many situations (such as writing academic papers), quoting sources and citing them (with exact URLs) is REQUIRED. While we could simply stop using ZD as a source, if this sets a legal precedent, it might spell the end of using the web for research.

  73. Re:So, in simple terms, the story summary is wrong by WIAKywbfatw · · Score: 1, Offtopic

    "Too quick to judge"? I think not: the weaknesses of Slashdot's editorial processes have been there for years. I may not have bothered creating a Slashdot ID until way after you had but I've been reading the site since 1998. In all that time how often do you think these flaws have been pointed out to the Slashdot editorial team (by dozens if not hundreds of people) yet how much have they actually done about it?

    As for your first point, well, there are a bunch of us that are way ahead of you. And it's ironic that you call me a grammar-Nazi, because it's the arrogant, condescending and totalitarian attitude of the Slashdot editorial team that's the driving force behind a collaborative effort to form a serious alternative site.

    So, you've got it totally wrong on both counts. Even the most polite attempts to communicate with the Slashdot editors is ignored or rebuffed and the situation has gotten so bad for many long-time regulars that they're looking at setting up on their own: the former has forced the latter.

    (And, by the way, if pertinent observations, relevant criticisms and honest answers offend you so much then I suggest you look to yourself for answers, because clearly nothing I say or do will provide them for you.)

    Lastly, it's interesting to see that this is one of the comparatively few occasions where a totally inaccurate story submission has been edited after the fact. I guess the idea of legal action against them does occasionally frighten the Slashdot editors into activity after all.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
  74. Re:So, in simple terms, the story summary is wrong by idlemachine · · Score: 2, Insightful
    "Grammar-Nazi"? So identifying the right party when you're setting out to villify someone is a grammar issue now?

    It amazes me the sheer level of pedantry that goes on here...and how quickly being right stops being important as soon as you're wrong...

  75. Oh bugger. Where does this put /. by syousef · · Score: 1

    If this stands, /. will own billions to a lot of companies. How many sites have been quoted here?

    No I'm not serious, so please point that flame thrower elsewhere

    --
    These posts express my own personal views, not those of my employer
    1. Re:Oh bugger. Where does this put /. by bendsley · · Score: 1

      you're my hero sami.

      ~brad from amarillo

      bendsley@gmail.com

      --
      Alcohol & calculus don't mix. Never drink & derive.
  76. Re:Why is there always a troll like you around? by WIAKywbfatw · · Score: 1

    It's a mistake - not exactly an obvious one and could certainly be forgiven - yet you have to bring up some crap about it being "actionable". Why? Are you even someone who knows whether or not it's "actionable"? Or are you just someone with false delusions of importance? I suspect the latter.

    Browse the comments and see just how many other people have made the same mistake. I did too. Perhaps ZDNet should have, like most bought out spin-offs, rebranded to avoid confusion and association with their old parentage, for exactly this reason.

    I see from your comment history you're a frequent troller here. I hope all that accumulated karma eventually gets you an orgasm, it's probably the only way you can.


    "A frequent troller"? Is that what you call anyone who's opinions don't agree with yours? A personal attack on my beliefs and views: that's rather rich coming from someone who hides behind the Anonymous Coward option.

    And, by the way, the whole point in CNET buying ZDNet.com (and ZDNet.co.uk, etc) from Ziff-Davis was to acquire the brand and its established customers and readers. Immediately rebranding it would have been rather counter-productive, don't you think?

    Am I someone who knows whether something is actionable or not? Well, I've worked in publishing for some considerable time, and I know basic libel law. I was even once involved in a case where libel law was raised by someone who felt that an article printed by a publication that I was working on defamed his character. I think that first hand experience has given me good idea of what's libel and what's not, thank you very much for asking.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
  77. Lawyers need to go back to school... by Anita+Coney · · Score: 2

    And learn what a "web" is.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  78. Editing headers by Sepodati · · Score: 1

    Get the LiveHTTPHeaders extension. It'll track all headers for each request (along with response headers) and you can replay any of them. When you choose to replay it, you can also modify any of the existing headers that were sent.

    Just tested it on the link to bugzilla above. At first the link didn't work, as expected. Clicked replay and blanked out the referrer and then the page loaded.

    Very handy, indeed. :)

    ---John Holmes...

    1. Re:Editing headers by thedillybar · · Score: 1
      >Get the LiveHTTPHeaders extension.

      Thanks a ton, this is what I was looking for. Link is here if anyone cares.

  79. Automatic mailing? by LihTox · · Score: 1

    I'm wondering whether the mailing sent to pocketpctools.com wasn't the result of some automatic web spider looking for copyright violations. Hasn't this come up before here, about corporations automatically sending cease-and-desist orders to anyone who even looks like they're violating copyright? Such automatic letters are obnoxious, but not as obnoxious as some ZD lawyer looking at the pocketpctools site, seeing the Fair Use, and still threatening them.

    I think pocketpctools.com should have written back for clarification rather than caving. Of course, if ppt.com's intent is to boycott ZD to stop them then it would be boycotting instead of caving, and that's another strategy. But letting the big boys know that you've caught them in the act, even if you just push a little bit before caving, is probably a better thing to do.

    ObKarma: Geez, IP law is all screwed up, ain't it? :-)

  80. Re:So, in simple terms, the story summary is wrong by Anonymous Coward · · Score: 0

    "arrogant, condescending and totalitarian attitude of the Slashdot editorial team that's the driving force behind a collaborative effort to form a serious alternative site."

    Bahaha.. good fucking luck.

  81. Ziff Davis is a marketing arm of MS by Anonymous Coward · · Score: 0

    Back in the PC Magazine days, anytime I read their reviews, Microsoft always comes out on top. It's as if Microsoft and Dell pay off their reviewers with lots of ads. Has anyone felt the same way?

  82. Boss of eWEEK.com here ... by MatthewRothenberg · · Score: 4, Informative

    Hey! I'm the executive editor in charge of eWEEK.com -- and before this situation unravels any farther, I need to make a couple of quick clarifications about our reprint policy, both here and on PocketPCTools: This was a total screw-up involving an overzealous legal intern, not anybody on our online team. There's still some education that needs to happen within our company about what constitutes fair use on the Web -- and unfortunately, this warning went out without the knowledge or approval of our online team. There are plenty of occasions when a professional media company needs to question the wholesale appropriation of its content. Nevertheless this is manifestly NOT one of those occasions! In fact, I didn't know that this hornet's nest had been stirred until it hit Slashdot. That's clearly a breakdown of communication, since I'm the guy running the site! :-) We're moving to correct the situation now ... PocketPCTools was obviously acting within the appropriate bounds of Web etiquette -- actually, doing us a favor by sending us the traffic -- and Ziff Davis was obviously mistaken in issuing this warning. My personal apologies to anyone inconvenienced by this error, and I'm personally going to see that it isn't repeated in the future. Matthew Rothenberg Executive editor Ziff Davis Internet http://blog.ziffdavis.com/rothenberg

    1. Re:Boss of eWEEK.com here ... by atlaz · · Score: 0

      ha ha, it didn't post right the first time, did it?

      hahah.

      (Use the Preview Button! Check those URLs!)

      --
      read more rants: thunt.net
    2. Re:Boss of eWEEK.com here ... by MatthewRothenberg · · Score: 4, Informative
      You're obviously free to think what you want, but I think our track record speaks for itself.

      Besides, if we seriously wanted to prevent linking:

      a. We'd be kinda DUMB; and
      b. We'd have to expect that people would take umbrage, right?

      So tell me again, what would be the percentage in engaging in this behavior, even if they didn't post their concerns to Slashdot?

      Unless making people mad and losing traffic were part of our business strategy, it sounds like kind of an asinine plan to me! :-)

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

    3. Re:Boss of eWEEK.com here ... by jkendrick · · Score: 1

      The "intern" was the Rights & Permissions Manager for Ziff Davis Media Inc. I can post the name and phone numbers if you'd like. BTW, I'm an admin on PocketPC Tools and have the letter in front of me. We've received no responses from ZD to our emails and voice mails to the "intern".

      --
      jk
    4. Re:Boss of eWEEK.com here ... by MatthewRothenberg · · Score: 3, Interesting
      It sounds like I might have gotten some of the circumstances wrong in my haste to respond here.

      JKendrick: Want to e-mail me privately at matthew_rothenberg@ziffdavis.com -- maybe with a phone # -- so I can give you a call? I'm playing catch-up on this situation myself and would like your perspective ... Looks like my Sunday night's shot already, so it'd be prime time to sort this out! :-)

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet

    5. Re:Boss of eWEEK.com here ... by MatthewRothenberg · · Score: 1
      Heh! Yeah, my bad ... I was maximally scrambling here to get ahead of this thing. Dang!

      You go out for Sunday night supper, and the next thing you know -- BAM! You're up to your armpits in angry e-mails.

      Slashdot is indeed a fine attention-getter!

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

    6. Re:Boss of eWEEK.com here ... by Antaeus+Feldspar · · Score: 2, Insightful

      Well, it's good to see you to take that stance. I don't think you can blame people for thinking that you really were pressing for an absurd level of absolute, fair-use-need-not-apply control over all your content -- since many publishers have taken exactly that absurd of a stance.

      --
      If people are to respect the law, perhaps the law should begin by respecting the people.
    7. Re:Boss of eWEEK.com here ... by MatthewRothenberg · · Score: 3, Informative
      Antaeus: Nope, I can't blame people at all for that.

      I just wanted to be clear that this kind of situation concerns me -- whether or not it makes Slashdot!

      My e-mail box is always open if folks have issues about how well we're working and playing with other sites. And my team understands just how crucial doing the right thing is when it comes to our success. And anything that seems to impede doing the right thing will receive my immediate attention.

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

    8. Re:Boss of eWEEK.com here ... by Bob9113 · · Score: 1

      My personal apologies to anyone inconvenienced by this error, and I'm personally going to see that it isn't repeated in the future.

      Hi Matthew,

      Thank you for taking the time to respond to our concerns, and for taking this issue as a matter of personal pride. That level of commitment to your company and your readers is commendable.

      One note; as this sort of thing becomes increasingly common, there are many people, myself included, who feel that a simple apology and commitment to do better in the future is not always sufficient. The problem with many of the recent laws involving the various types of intellectual property is that damage often occurs immediately, with no judicial oversight, based simply on the allegation. In this case, PocketPCTools had to revise its content based on an allegation. The ability for allegations to lead directly to damages is one form of "chilling effect" - the ability for vague or overbroad laws to restrict legal activities. When an allegation leads to such damage, and if the allegation was unjustified, it seems that apologizing and agreeing to do better does not always address the damage done.

      It is clear that you are on the right side of the issue in this case, and I don't want to belittle your efforts - it seems that you are genuinely interested in setting the situation right. I only mention the above in the hopes that you can communicate this larger issue to the people at your company who control the process that resulted in the initial allegation.

      Thanks,

      Bob

  83. Boss of eWEEK.com here by MatthewRothenberg · · Score: 5, Interesting

    Hey! I'm the executive editor in charge of eWEEK.com -- and before this situation unravels any farther, I need to make a couple of quick clarifications about our reprint policy, both here and on PocketPCTools:

    This was a total screw-up involving an overzealous legal intern, not anybody on our online team. There's still some education that needs to happen within our company about what constitutes fair use on the Web -- and unfortunately, this warning went out without the knowledge or approval of our online team.

    There are plenty of occasions when a professional media company needs to question the wholesale appropriation of its content. Nevertheless this is manifestly NOT one of those occasions!

    In fact, I didn't know that this hornet's nest had been stirred until it hit Slashdot. That's clearly a breakdown of communication, since I'm the guy running the site! :-)

    We're moving to correct the situation now ... PocketPCTools was obviously acting within the appropriate bounds of Web etiquette -- actually, doing us a favor by sending us the traffic -- and Ziff Davis was obviously mistaken in issuing this warning.

    My personal apologies to anyone inconvenienced by this error, and I'm personally going to see that it isn't repeated in the future.

    Matthew Rothenberg
    Executive editor
    Ziff Davis Internet
    http://blog.ziffdavis.com/rothenberg

    1. Re:Boss of eWEEK.com here by Almost-Retired · · Score: 1

      Humm, if you are indeed who you say you are, then basicly the 'mistaken' action is probably going to be taken as a continuance of the Z-D normal methods by the public in general. And thats not what could be called good press. Its "ink", but not good ink.

      I haven't always subscribed to the Z-D slamming that has taken place in the media occasionally, but I can recall when a Sci-Fi magazine that had been purchased by Z-D slowly went in the downward spiral that another Sci-Fi editor whose name I don't recall, made the remark in print that it (the Z-D periodical) had followed the usual Z-D "school of how to kill a magazine" practices.

      Generally, it seems that Z-D has not always followed the "first please the customer" in its public face. More attention should be paid to this aspect of running the business IMO. In this case, I think I'd start with one less legal assistant in that office.

      FWIW, I've been reading Sci-Fi since I was a sub-teenager, and everyone haunted the bookstores waiting for the next output of a gentleman called E. E. (Doc) Smith. Can you recall those golden years of Sci-Fi? I certainly do. I guess that makes me an old fart. Guilty. But that also means I've had a few more years to observe the human condition...

      Cheers, Gene

    2. Re:Boss of eWEEK.com here by strredwolf · · Score: 1

      Nice for you to post here. Maybe you can address some of the issues which are violating CAN SPAN:

      http://groups.google.com/groups?q=ziff+davis+gro up :news.admin.net-abuse.*&hl=en&lr=&ie=UTF-8&c2coff= 1&scoring=d

      --

      --
      # Canmephians for a better Linux Kernel
      $Stalag99{"URL"}="http://stalag99.net";
    3. Re:Boss of eWEEK.com here by Pensacola+Tiger · · Score: 1

      Thanks for the explanation. Hope it gets noticed in all of the other comments. You're right about the hornet's nest.

    4. Re:Boss of eWEEK.com here by SmoothTom · · Score: 3, Interesting

      Matthew, I'm one of the (probably) many who think that it would be appropriate for eWeek/Ziff Davis Internet to produce a serious article on this sort of thing, and to use what actually happened within your walls as an example.

      This is certainly newsworthy, and I feel of more than passing importance.

      I look forward to a well researched, well presented article on the subject.

      --
      Tomas

    5. Re:Boss of eWEEK.com here by Anonymous Coward · · Score: 0
    6. Re:Boss of eWEEK.com here by MatthewRothenberg · · Score: 1
      Gene: No, this bears NO resemblance to "good ink"! :-)

      Just to hedge my bets a bit: I might still be a bit confused about the chain of events that led up to this, since I haven't had time to find out what the legal department flagged as objectionable -- but from what I can tell, PocketPCTools was not out of bounds.

      Suffice to say we're going to be following up vigorously.

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

    7. Re:Boss of eWEEK.com here by Dachannien · · Score: 1

      I agree - there is a serious lesson to be learned here, not just by ZD/eWeek, but by any company with an online presence.

    8. Re:Boss of eWEEK.com here by Almost-Retired · · Score: 4, Funny

      Greetings Matthew;

      It rather sounds as if we're in violent agreement here.

      I think I'd like to be a fly on the wall in the offices come tomorrow morning. I think I'd find I was living in some of those "interesting times" Confusious was fond of refering to. :-)

      Can the air conditioning handle the expected smoke?

      Mmm, I suppose I'd better put in the obligatory smiley here, you might need it tomorrow. :-)

      --
      Cheers & good luck, Gene

    9. Re:Boss of eWEEK.com here by MatthewRothenberg · · Score: 4, Interesting
      I certainly need to get a better read on what happened here before I sign up for that plan, but your comments are very well-taken.

      There are a whole raft of interesting and contentious issues that BigMedia companies like ours continue to feel their way around. We chew over many of them every day -- and clearly, still more mastication is in order.

      The bully pulpit of Slashdot certainly garnered my undivided attention this evening, but these are precisely the sorts of situations that make my job interesting (if not always relaxing). And yes, I think the issues they reflect are well worth exploring editorially.

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

    10. Re:Boss of eWEEK.com here by Hidyman · · Score: 1

      Bravo for responding to this.
      I am an eWeek subscriber.
      This would make a great article.
      Don't forget people love humble pie (when they're not eating it) 8^)

      --
      You can't take the sky from me ...
    11. Re:Boss of eWEEK.com here by YOU+LIKEWISE+FAIL+IT · · Score: 1
      I won't be using your services or sites anymore and NONE of my friend will do so!

      Some days the jokes just write themselves.

      --
      One god, one market, one truth, one consumer.
    12. Re:Boss of eWEEK.com here by Anonymous Coward · · Score: 0
      Regardless of what happened, it sounds like an interesting story. I'd especially like to hear what went right&wrong, and what steps are taken to avoid the wrong (if any) in the future.

      I'd probably subscribe just to read that.

    13. Re:Boss of eWEEK.com here by Reziac · · Score: 1

      The late WebTechniques magazine had a regular legal column that gnawed on such issues. It was frequently the most interesting read in the entire issue, and a good chunk of why WT wasn't consigned to "skim and pitch" status.

      [eyes present company's blog, backs up to safe distance, tries again, extracts visual sample for analysis...]

      I?m packing my bags for a quick house call to eWEEK.com?s
      <?xml:namespace prefix = st1 ns =
      "urn:schemas-microsoft-com:office:smarttags" />San Francisco ...Now that's ugly :)

      Oh yeah, the nominal topic... glad to know that (as a longtime subscriber) my first thought, "WTF?? *that* doesn't sound like eWeek!!" was correct :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    14. Re:Boss of eWEEK.com here by Trillan · · Score: 1

      I hope someone writes that article, because I believe it would make a fascinating read.

    15. Re:Boss of eWEEK.com here by Forbman · · Score: 1

      Funny, though, if the NY Times (or any other print media), in its print edition, had quoted from an article you published and attributed it appropriately, in the usual style, y'all probably would NOT have done anything at all similar to this.

    16. Re:Boss of eWEEK.com here by Secrity · · Score: 1

      Thanks for posting the clarification here and at PocketPCTools. It sounds like you guys have a big process problem. Why is there no clarification or mention on the eweek.com site?

    17. Re:Boss of eWEEK.com here by Anonymous Coward · · Score: 0

      You have a good attitude, and that's appreciated.

      But, shouldn't this have been fully investigated *before* 'warnings' were sent? Litigation from big companies is very threatening to the little guys. I haven't RTFA yet, but it's possible they've already had to spend extra moneys for legal consultation.

      'Ooops' doesn't quite fix this. It sounds to me like someone in your legal department doesn't really give a damned about falsely accusing others.

  84. I wanted to link to this story.... by lone_knight · · Score: 1

    I was tempted to link to story in my blog, but decided against it; I wouldn't want to incite the wrath of 'teh slashdot'.

    --
    Computers are useless. They can only give answers. --Pablo Picasso
  85. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  86. Happened to LinuxToday also by jhubbard · · Score: 1

    This also happened to Linuxtoday. CMP media (Dr. Dobbs, EE Times, etc) stopped all referrals that originated from LinuxToday. (I can't find the link now.) I let my subscription to Dr. Dobbs expire and decided to subscribe to LWN. It's a shame, becuase I had been subscribing to Dr. Dobbs for at least 8 years.

    1. Re:Happened to LinuxToday also by jackb_guppy · · Score: 1

      I gave up on them in the late 80's, I check back with Dr Dobbs from time to see if there was a glimer of the once great past, but to not avail.

      Then again, I still bring out of the boxes my original copies of Kilobaud Mag and read about CPM and S100 bus computers.

  87. The only way they will win that suit by Thorstein · · Score: 1

    Is if the person or blogger quoting is making money as a result of the other persons work. The IDEA of the internet is NOT to steal anyone else's work. If the article is FREE then there will be no suit.

  88. Would you two please shut up? by xX_sticky_Xx · · Score: 1

    Your little impersonation trolls are neither clever nor amusing, and they add nothing to the discussion of this important subject.

    --

    ---

    I didn't want to leave this space blank.
    1. Re:Would you two please shut up? by Anonymous Coward · · Score: 0

      Guess you look pretty stupid now, flaming people who don't deserve to be flamed. How's it feel to be a lamer troll than the guys you were flaming?

  89. Nothing new, Nando did the same by NewtonsLaw · · Score: 4, Informative

    I've been aggregating news headlines and links on the Net for longer than I care to remember (I'm in my tenth year) and I can tell you that this is nothing new.

    Way back in 1998 I had a battle with The Nando Times when I was running 7am.com which was one of the most successful aggregators of all time.

    Nando said "pay us $100 per month for the right to link or we'll sue"

    I said "bring it on"

    They said "um, err, well okay we won't" and then attributed their back-down to the fact that I was in New Zealand and they were in the USA so such a legal battle would be too hard to wage.

    The reality was that I formed an informal group of other online publishers and aggregators who simply stood up to these ridiculous tactics. Seeing they were outnumbered and copping a heap of flack in the media, they gave up their ill-conceived efforts.

    When I asked the head of Nando.Net why they were averse to me effectively extending their reach and delivering huge numbers of eager-eyes to their ad-laden pages I was told that their ad revenues weren't enough to cover the cost of serving up those pages so more traffic meant more cost.

    Someone ought to have taught those guys how to run an online publishing business!

    I've also had similar battles with other publishers such as Television New Zealand here in NZ who simlarly threatened me with all manner of dire consequences if I didn't stop linking to them.

    Once again I invited them to do their worst and they backed down.

    At one stage I was involved in (and winning) so many battles over the issue of hypertext linking and the intellectual property rights associated with such things that I regularly was invited to talk to the legal profession (some of my stuff even scoring a mention in the US Bar Association's Journal) and other online publishers.

    I should point out that at all times I linked ethically -- this meant no framing, full attributions and only ever using the headline and sometimes the first line of the article.

    One thing *all* publishers should do is publish a linking policy on their website so as to let other sites know what they consider to be fair and reasonable. I do this on my Aardvark daily internet commentary and I also continue to aggregate headlines (including some from eWeek when they're running something worth a mention). The funny thing is that these days, nobody tries to pick a fight with me :-)

    But, if Ziff Davis/eWeek are thinking about doing so, I once again say "Bring it on! And let the good times roll (again :-)

    1. Re:Nothing new, Nando did the same by MrLint · · Score: 1

      So the ads that they charge for dont even cover the cost of letting people see them?

      Well threatening to sue people over your flawed business model is certainly nothing new. How new was it in 98? i donno. Today however all you have to do is read /. for the latest in flawed business models:)

    2. Re:Nothing new, Nando did the same by Anonymous Coward · · Score: 0
      Huh? It's a separate thing entirely you fucking dork. Aggregating isn't screen scraping (which is what you do) and it's not the same as linking. I'm not saying they're right or wrong but they're separate issues.

      You've been bullshiting on Aardvark for years now. Just shut up, NZ begs you, please. Or at least don't speak unless you've got something to say. Your posts these days just meander around posing technobabble questions rather than answering anything. I don't care what hour you get up at.

  90. fire the intern. by bani · · Score: 1

    if they're overzealous enough to take action like this that substantially harms your company's reputation, and does it without your knowledge or approval, then they obviously need to go.

    1. Re:fire the intern. by MatthewRothenberg · · Score: 1
      It looks like there may be a blank or two that I still need to fill in here. But that will have to wait until Monday morning.

      In the interim, viz. my statement up top ...

      Matthew Rothenberg
      Executive editor
      Ziff Davis Internet
      http://blog.ziffdavis.com/rothenberg

    2. Re:fire the intern. by Anonymous Coward · · Score: 0
      Note, that this alleged "intern" is Rights & Permissions Manager for Ziff Davis Media Inc (according to an admin of PockePCTools.com)

      I really hope they don't take your advice and fire a scapegoat they used in a lame excuse.

    3. Re:fire the intern. by Anonymous Coward · · Score: 0

      Thing is, Matthew, this kind of "mistake" is pretty much SOP for a media all bulked up on the steroids called the DMCA and related trash legislation. It's soo easy to intimidate with your pits full of rabid "lawyers", isn't it? Not because you're right but because you have the power to destroy any poor slob without the bucks and the hired pitbulls to withstand the assault. Most of the time it works, right to speech, right to fair comment be damned.

      I'll be trying to research it later, but perhaps you can tell us: was ZD among those who bribed Congress to pass the DMCA and associated outrages in the first place?

      Participating in this disgusting bullying requires more than apology. It requires public firing, not just of some intern, but of the boss(es) who gave her/him the authorization to send out threats in the company's name. It requires dissociating the company from the whole extortion process made possible by bribery of our "representatives".

      You're either part of the solution or part of the problem.

      Dave

  91. Whoops by DakotaK · · Score: 1

    Something tells me that somewhere at this very moment, an intern is being fired.

    --
    I am a viral sig. Please copy me and help me spread. Thank you.
    1. Re:Whoops by SmoothTom · · Score: 1

      I think more that an intern may be over a slow fire...

      Just as an observation from one who spent a quarter century managing, errors do happen through no one's real fault.

      The intern may have not been told something, may have been told the wrong thing, or may simply have misunderstood.

      It is actually unlikely it is the intern's fault.

      Still, that intern is probably being roasted over a slow fire in hope of either 1) finding out how the error occured, or 2) hiding how the error occured. From 'outside' it is between difficult and impossible to tell which.

      In any case, I hope Matthew finds the source of the failure and works dilligently to ensure it does not happen again.

      I also hope that this entire incident, even including Slashdot's part, makes it's way to a serious and detailed article or two from Ziff Davis...

      Tomas

      --
      In sad rememberance of Mike 'Moogy' Tuxford - 1952-2004

    2. Re:Whoops by Anonymous Coward · · Score: 0

      That would be sad -- considering that this alleged "intern" is just a scapegoat for the Rights & Permissions Manager for Ziff Davis Media Inc who was actually doing the harrassing. (according to a self-described admin of PockePCTools.com)

    3. Re:Whoops by Anonymous Coward · · Score: 0
      "The intern may have not been told something, may have been told the wrong thing, or may simply have misunderstood."

      Or, the intern may be a figment of the imagination of a ZD spin doctor trying to make excuses for their legal bullying.

      "It is actually unlikely it is the intern's fault."

      Indeed, since the person communicating with PocketPC Tools is apparently the Rights & Permissions Manager for Ziff Davis Media Inc. which seems a pretty lofty title to bestow upon an intern.

  92. Everybody READ this by peragrin · · Score: 0, Offtopic

    Everybody please notice and read parent.

    --
    i thought once I was found, but it was only a dream.
  93. Maybe I'm just a cynic at heart... by Anonymous Coward · · Score: 1, Insightful

    But I have this nagging feeling that only about 1/4 of the story is here.

    Yeah, I know, ZDnet is a corporation therefore it's evil and should be burninated, but, for a community that's supposedly based on questioning the Conventional Wisdom, there's a rigid adherence to the dogma that:

    1. All corporations are evil.
    2. Copyrights are all wrong. All knowledge is public domain.
    3. Except knowledge about you. In that case, it's an evil plot by an all-knowing group of shadowy government agencies.
    4. Any claim by a web site must be true, if it adheres to Sacred Teachings #1-3.
    5. Based upon these indisputable facts, the EC (evil corporation) must be punished.
    6. This justifies ignoring all intellectual property laws, with, of course, the sole exception of Sacred Truth #3.

  94. Moderation (OT) by Beige+Tangerine · · Score: 2, Interesting

    Somehow I find this interesting:

    Current moderation of first post (poorly spaced): 100% Informative.

    Current moderation of second post (spacing fixed): 70% Interesting, 30% Informative.

    I'm not sure that the sample size is really large enough to draw any conclusions, but still... Does

    adding spacing

    to your posts make

    them

    interesting (or, conversely, less informative)?

    1. Re:Moderation (OT) by Anonymous Coward · · Score: 0

      Informative when first posted... Interesting that it would be posted _again_.

    2. Re:Moderation (OT) by Steve+G+Swine · · Score: 2, Funny

      I think it was just posted twice to milk karma out of a bad situation...

      --
      "Consider yourself a member of a virtual corporation with Mr. Torvalds as your Chief Executive Officer." - Linux Advocac
    3. Re:Moderation (OT) by _xeno_ · · Score: 1
      Actually, if you View Source the HTML of the post, you'll note that he had the spacing done properly in the text box, but had the wrong text mode selected when it was posted.

      Slashdot's text modes are kinda confusing, it's actually rather easy to mess up the text mode and screw up the formatting of your post. For example, "Plain Old Text" preserves the newlines in your post... but also allows you to enter in HTML, so you can do things like emphasise your words.

      HTML formatted, on the other hand, allows HTML but does not "preserve" newlines. (Actually, it does - Plain Old Text adds "<br>" at each newline, HTML formatted does not.)

      Then there's Extrans, which does what most people would expect Plain Old Text to do - it makes the newlines you enter appear in the final HTML, and also escapes any HTML tags within the text block.

      (Man, I've been reading the Register too often, I have no idea why I used the British spelling of "emphasize" up there.)

      --
      You are in a maze of twisty little relative jumps, all alike.
  95. Yeah, right by Anonymous Coward · · Score: 0

    "While there are many good blogs out there with unique, original content"

    No, there are none. At best, they are self-indulgent crap. At worst, they epitomize the worst of the web. They make me wish only big corporations were allowed to use the internet.

    1. Re:Yeah, right by Anonymous Coward · · Score: 0

      So now, dear moderator, the question is:

      Is this a troll....or flamebait? I guess the answer depends on whether you are feeding a fire or a little hunchback under a bridge.

    2. Re:Yeah, right by Anonymous Coward · · Score: 0

      > No, there are none. At best, they are self-indulgent crap.

      pot? kettle?

  96. Nice Cover by Anonymous Coward · · Score: 0

    Not bad. I've used the old "overzealous legal intern" one back in the day as well.

    What you've really got to consider here is your audience. This is Slashdot, home of the "you forgot to capitalize Internet! Now my beowulf cluster and I shall mock you into oblivion!" These people don't take incompetence (or "lack of communication") lightly and, as such, require extra planning.

    Personally I'd go for the misdirection via dead hooker(s). Completely discredit PocketPCTools, claim they were spiteful due to you not publishing one of their stories, and then sue them for defamation claiming the event never took place.

  97. Would you *also* shut up by Anonymous Coward · · Score: 0

    Little do-gooders like you are the bane of civilization.

  98. " ... linkers can breathe easy" by cool_st_elizabeth · · Score: 1

    Not necessarily. A "professional association" I once belonged to finally put up a website in 1998 and threatened *everyone*, including its own membership, with legal action if they linked to the association's website without permission. Guess they don't need the traffic.

    1. Re:" ... linkers can breathe easy" by Anonymous Coward · · Score: 0

      So, where's the link?

    2. Re:" ... linkers can breathe easy" by cool_st_elizabeth · · Score: 1

      They changed it. They don't say anything one way or the other about linking to their site now.

  99. whats sad by SQLz · · Score: 1

    Is that a legal 'intern' has no clue about US Copyright law, if indeed it was actually a legal intern who started harrasing PocketPCTools. I mean, you would think that someone in Law school would know about fair fucking use. I guess not.

    1. Re:whats sad by Anonymous Coward · · Score: 0

      Or, it may be sad that this "intern" may not even exist.

    2. Re:whats sad by SQLz · · Score: 1

      ahah, he lied! What an asshole.

  100. Soooo ... by ProfM · · Score: 2, Funny

    Do we like Ziff-Davis now ... or hate 'em?

  101. Cancel your eWeek subscriptions by thpdg · · Score: 1

    I've been getting eWeek for years now, and it's got some good articles and reviews. I think I'll stop. Everyone here should stop. Cancel all your Ziff Davis crap that comes every week. Call them and tell them why you're doing it. It may be free, but it just became worthless to me.

    --

    -Patrick

    "They never stop thinking about new ways to harm our country and our people, and neither do we."

    1. Re:Cancel your eWeek subscriptions by Anonymous Coward · · Score: 0

      "Would you like to renew your subscription?"

      "No."

      "Why?"

      "Because thpdg told me not to."

      (pause)

      "Will that be check or credit?"

      "Credit."

  102. Slashdot, Show Some Love! by zo219 · · Score: 1

    Is it, like, against your policy to Delete?
    Put up a notice "Info Incorrect" or something, and quietly delete this thread?
    I mean, look at the poor sods who posted like it was real. How do you think these idiots feel with egg all over their face?

  103. the big legal dogs by sdedeo · · Score: 2, Interesting

    First off, it is misleading to call this a "warning": the letter was, according to the site admin "pretty much 'cease and desist' or we will come after you." That's a threat.

    Wonderful to know how easy it is for lawyers to make up these letters. They mean nothing and are written as easily as ordinary people burn toast -- but they can sure intimidate. For those willing to give Ziff Davis a pass, I wonder if the Pocket site admins are willing to post the content of the e-mails they received? Perhaps you'd feel a little differently about "legal mistakes" when you see what they're really like.

    It's ridiculous that companies have such power; were it not for slashdot, I wonder if Ziff Davis would have done a thing after the fact? The mere fact that Ziff Davis employees can fire off a letter that can effectively force sites to censor themselves should be a wake up call to folks everywhere.

    --
    Protect your liberties. Donate to the ACLU
  104. Maybe THEN they'll dump Michael and Timothy! by Anonymous Coward · · Score: 0

    Oh please, oh please, oh please. How I'd love to get back to the days before those two (especially Michael), when most of the stories here were relevent and interesting, and when you didn't actually have to go out of your way to *avoid* /. over the weekends...

  105. You forgot one, silly. by Anonymous Coward · · Score: 2, Funny

    a. We'd be kinda DUMB; and
    b. We'd have to expect that people would take umbrage, right?


    c. PROFIT!!

    1. Re:You forgot one, silly. by Anonymous Coward · · Score: 0

      Congrats! That's the first "...profit" joke that had me laughing out loud.

  106. MOD UP -PocketPCTools replys: the plot thickens! by Anonymous Coward · · Score: 0

    And the excuse sounded so nice at the time.

  107. Lovely by 0x0d0a · · Score: 1

    It's really nice to see that eWeek both is fixing their screwup and *admitted* doing so *AND* admitted to doing so promptly *AND* on Slashdot.

    That being said, this reminds me of when a Lucasarts lawyer idiotically sent a C&D to the ScummVM people (yeah, that was bright -- the only reason Lucasarts sells any copies of their classics any more is because people can run them on the ScummVM engine). The Lucasarts people retracted what they said once things filtered around a bit.

    Companies really need to have better policies in place regarding C&Ds and warnings. I personally think that threats regarding copyright infringement and similar, which is a threat made *on behalf of* and *in the name of* the company, should need to run through the top person at the company before going out. I've gotten a bogus C&D before, and it's very annoying.

    1. Re:Lovely by Anonymous Coward · · Score: 0
      More like, they ducked responsibility, saying "(This was a total screw-up involving an overzealous legal intern, not anybody on our online team." Matthew Rothenberg, Exec Editor ZD internet) when in fact this scapegoat of theirs doesn't even exist.

      This is far from fixing a screwup - this is curing the symptom (I'm sure they'll send PocketPCTools a nice letter to make them happy), while their abusive legal team continues on with their bullying.

  108. what a LOAD OF SHIT.. rtfa. by User+956 · · Score: 1

    So you hire "interns" to managerial positions over there at Ziff Davis? (Rights & Permissions Manager, specifically)

    Either you do, which means you're a fucking moron, or you don't, which means you're a fucking liar.

    So, which is is? Moron, or liar?

    Given that poorly composed paragraph of spin and slant you managed to barf up, my bet is that you're both.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:what a LOAD OF SHIT.. rtfa. by Anonymous Coward · · Score: 0

      Or "Rights and Permissions Manager" is just a fancy title for an entry-level job, to make the memos sound official. It wouldn't be the first Manager I've seen with little experience and no direct reports.

  109. Re:So, in simple terms, the story summary is wrong by srwalter · · Score: 1

    Bravo :-)

    --
    Freedom is the freedom to say that 2 + 2 = 4
  110. Re:Why is there always a troll like you around? by Tony-A · · Score: 1

    Am I someone who knows whether something is actionable or not? Well, I've worked in publishing for some considerable time, and I know basic libel law.

    As one who has worked in publishing for some considerable time, are you saying that Slashdot is publishing?
    My own impression is that Slashdot throws up some Headlines, links, and some provocative commentary to start the discussions, hardly what I'd consider to be publishing. In less that three hours of inital posting, which clarifies the situation as to someone within ZD-whatever overreacting to seeing their content elsewhere. Regardless of your view of what Slashdot should be doing, they seem to be doing very well just as they are, with possible quibbles about color schemes.

  111. my point on firing still stands by bani · · Score: 1

    this person needs to be led out the door.

    that is if ZD actually cares about their reputation, which it is entirely possible they may not.

  112. Way to ruin a joke by Anonymous Coward · · Score: 0

    Ya fuckin retard.

  113. Care to make a large donation to EFF? by michaelmalak · · Score: 1
    For every situation that gets resolved through the bully pulpit of Slashdot (including katie.com and Belkin router spam), there are many, such as jibjab that the EFF has to take up. Much more importantly, how many cases of legal abuse do we not hear about? eWeek.com (or by proxy its lawyers) committed a wrong and contributed to the chilling of free speech. A sincere apology would involve an attempt to help the known and unknown, present and future, victims of legal harassment, such as a sizeable contribution (say, $10,000) to EFF.

    Anything less would ring hollow, and just be yet another case of a corporation playing the 9-year-old on the playground, "Just kidding -- I take it back."

  114. You don’t get it by Pan+T.+Hose · · Score: 1

    "Davis is threatening pocketpctools.com with legal action for posting a snippet from and link to a Ziff Davis story. Is it just me, or is this sort of the IDEA of the internet?"

    You just don't get it, do you? That Ziff Davis website (which I haven't ever heard before) gets posted on the Slashdot front page every bloody time they change a little miserable bit of their laughable license. They get more of our attention than Linux kernel point releases did in 1995, for God's sake. That doesn't sound like someone who doesn't get the "IDEA" of Internet, does it? The sad think is that they only have to say "don't link to us, or else!" and we all, myself included, promptly do what? Of course we link to them! Why not! We post their link on the front page of one of the most visited sites on Earth, we give them publicity and all the traffic other honest people have to pay lots of money for. We act like some childish morons, which I feel we all are. What next? Someone will start shouting "don't send me money, or I'll sue you!" and Slashdot will gladly spend all of their money on them and proudly say: "Heh, we showed them!" What a waste of time.

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
  115. Nice apology... by Julz · · Score: 1

    It's good to see that someone in Ziff Davis/eWeek is willing to make a reasonable apology. I'm still surprised to see a media company that should be used to the way the net operates has people working for it that don't fully understand the concepts and operations of such.

    Just goes to show that we have reached Nirvana on the Net yet.

    --
    When shit hits the fan get some of these https://youtu.be/pY-GncsZ-UE
  116. Re:Blogs -- What idiot moderated this? by Snaller · · Score: 1

    Although it flies in the face of a well thought out and reasoned argument from Pharmboy, let me just with some joy shout at the top of my lungs: WHAT IDIOT MODERATOR MODDED THIS AS REDUNDANT - yet another bad moderator who just likes to strike something down as opposed to finding something to mod up - sheesh!

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  117. Actually... by Snaller · · Score: 1

    What's hard to believe is that your tinfoil rant gets moderated to 5

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  118. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  119. ZD used to be good. by 2TecTom · · Score: 1

    Dvorak is all that remains. The last straw was when they suddenly wanted top dollar for thier freeware. Freeware that the readers spent considerable effort upon. The same utilities we beta tested, suggested and discussed to death. Then after my utility was finally working well, they decide to ony sell it only to those overly affluent first world people who could cough up additional cash, without any regard for the efforts of the contributors. This was also done with zero consultation and despite much opposition. Their reputation evaporated before my eyes. Never trust overlords. /. are you listening?

    --
    Words to men, as air to birds.
    1. Re:ZD used to be good. by 2TecTom · · Score: 1

      Then after my favorite utility was finally working well, they decide to only sell it

      darn finglers

      --
      Words to men, as air to birds.