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."

Comments

Blogs

[Scalli0n]

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!

Re:Blogs

[the_mad_poster]

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

So, I canceled my eWeek subscription.

Re:Blogs

[Pharmboy]

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.

Re:Blogs

[FFFish]

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!

Re:Blogs

[Pharmboy]

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.

Ziff-Davis != ZDNet

[buzzdecafe]

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.

Hard to Believe

[Scalli0n]

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.

If the content's protected

[rsilvergun]

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.

Re:If the content's protected

[TWX]

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.

Watch out slashdot!

[Muerto]

Your days are so totally numbered.

It's Fair Use . . .

[HrothgarReborn]

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 :)

As always, the summary is wrong.

[xigxag]

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.

So, in simple terms, the story summary is wrong...

[WIAKywbfatw]

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.

Boss of eWEEK.com here

[MatthewRothenberg]

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