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AP Targets Blog Excerpts With DMCA Notices

Ian Lamont points us to The Industry Standard, which reports that the Associated Press has filed DMCA takedown notices against news site 'The Drudge Retort' for excerpting portions of AP news releases. The site's creator, Rogers Cadenhead, has posted his analysis of the letters sent to him by the AP. Employees of the AP have defended the notices in posts on various blogs, saying, "We get concerned when we feel the use is more reproduction than reference, or when others are encouraged to cut and paste. That's not good for original content creators; nor is it consistent with the link-based culture of the Internet that you and others have cultivated so well."

39 of 131 comments (clear)

  1. Just another attack on Fair Use by SpaceLifeForm · · Score: 5, Insightful
    Unless you steal an entire article, but just excerpt reasonable snippets, you are exercising your 'Fair Use' right under copyright law.

    Don't forget the attribution!

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
    1. Re:Just another attack on Fair Use by mr_matticus · · Score: 5, Interesting

      That's exactly the problem. People "excerpt" the body of the article (change the headline and omit the byline) without reference or attribution in their "blogs" all the time.

      Searching for a news story produces hundreds of results on blogs that are just copies of one article, and it becomes frustrating when you want to find more information rather than just repeats of the same exact article text. A blog isn't an AP newswire feed (where it makes sense for a local newspaper).

      Just link to the original at a persistent source. Blogs that are regurgitation and not reference are basically just Internet cholesterol, and if you step past your vein-popping at the mere mention of a DMCA takedown notice for a moment, people should be able to appreciate the effort of a news organization clearing the clutter. This is material that is available for free from any number of outlets. It's not about free speech or fair use in the slightest. It's about controlling distribution to improve quality of online news--not censorship, or commentary, or any other conspiracy.

      They're not taking down commentaries that quote or reference.

    2. Re:Just another attack on Fair Use by hardburn · · Score: 4, Insightful

      I largely agree, except that it isn't just blogs who are guilty of this regurgitation. All the regular newspapers repost the same AP wire story, too, cluttering up google search results just as much as blogs.

      Why do wire services still exist? Are we still pretending we get our news from separate sources?

      --
      Not a typewriter
    3. Re:Just another attack on Fair Use by dreamchaser · · Score: 5, Informative

      The regular newspapers and news outlets pay the AP for access to reproduce full articles, and also credit the AP for the story. Many blogs just rip whole stories for free and don't even provide proper credit.

    4. Re:Just another attack on Fair Use by d34thm0nk3y · · Score: 2, Interesting

      That's exactly the problem. People "excerpt" the body of the article (change the headline and omit the byline) without reference or attribution in their "blogs" all the time.

      That does not appear to be the case with The Drudge Retort (the site being DMCA'd). The site appears to have a link to the original story and a short summary. I am not familiar with the site though so maybe they are talking about a different section.

    5. Re:Just another attack on Fair Use by Ricin · · Score: 2, Insightful

      Yup, but AP still gets to define the story and how you "ought" to think about it, so they already succeeded. Their job is the mouthpiece, or at best the gatekeeper role IMHO.

      Attribution at commercial outlets is generally just as bad I think (maybe not for AP and hey they tow the line anyway so they can be credited alright, it's probably one button, but for smaller sources they're going to bulldozer along just fine then -- I've seen this consistantly while being only a reader of diverse sources, mostly outside the MSN).

    6. Re:Just another attack on Fair Use by BiggerIsBetter · · Score: 2, Interesting

      Interesting that AP also doesn't credit the reporter/marketer/PR-dude who actually writes the articles.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    7. Re:Just another attack on Fair Use by drinkypoo · · Score: 2, Insightful

      It's often tempting to nab a whole article when a site is known to frequently move information around, or delete it entirely... you know, like AP. Perhaps if they provided an iron-cast permalink people would stop C&Ping the whole file.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:Just another attack on Fair Use by tweak13 · · Score: 3, Informative

      Uh, what are you talking about? While there are a lot of AP stories that are just blurbs, any story they have with significant length to it is credited. Take this for example. I work at a radio station that subscribes to the AP newswire and most stories longer than one or two paragraphs have some sort of credit on them. I'm not the news guy though, maybe somebody else can share their experience with when the AP includes bylines. I guess personal preferences may vary, but if I wrote a blurb of a few sentences I wouldn't really care if my name was on it. For everything that counts they seem to usually provide proper credit.

    9. Re:Just another attack on Fair Use by BootNinja · · Score: 5, Informative

      As an employee of a newspaper, maybe I can shed a bit of light on the subject. Generally, if we are excerpting fewer than ten lines of an AP article, we will just attribute to AP, however, if we use more than that, we give a byline to the individual author and AP. I believe this is standard industry practice.

    10. Re:Just another attack on Fair Use by tweak13 · · Score: 2, Informative

      Counter-Counter Example The same story (expanded a bit more than the article you posted) with credit given at the bottom. Interesting example, I had to check several media outlets before I could find a credit. It would appear that outlets getting AP stories aren't required to publish the credit. I guess that's something I've never noticed having usually always seen the story from the source. Very interesting discovery.

  2. You are also confused by Anonymous Coward · · Score: 5, Informative

    The Drudge Retort != The Drudge Report

    1. Re:You are also confused by tomhudson · · Score: 3, Informative

      Oops - my bad - it's not a typo. The link is to a site called drudge.com, not drudgereport.com - looks like someone is typosquatting drudgereport with both drudge.com and drudgeretort.com.

      Domain name: drudgeretort.com

      Registrant Contact:
            World Readable
            R.L. Cadenhead

            PMB 120, 1093 A1A Beach Blvd.
            St. Augustine, FL 32080-6733
            US

      Domain name: drudge.com

      Registrant Contact:
            World Readable
            R.L. Cadenhead

            PMB 120, 1093 A1A Beach Blvd.
            St. Augustine, FL 32080-6733
            US

      Here's the "Real McCoy"

      Registrant:
      Drudge, Matt
            ATTN: DRUDGEREPORT.COM
            c/o Network Solutions
            P.O. Box 447
            Herndon, VA. 20172-0447

            Domain Name: DRUDGEREPORT.COM

        Administrative Contact, Technical Contact:
                  Drudge, Matt ez53n5895yz@networksolutionsprivateregistration.com
                  Matt Drudge
                  ATTN: DRUDGEREPORT.COM

  3. Does this mean.. by SirLurksAlot · · Score: 4, Interesting

    that /. could fall within the AP's sights as well? I glanced drudge.com and it looks like they have even less of a story on their front page than /. does. Of course here most (if not all) of the stories are prefaced with "According to..." or some other similar wording with a link back to the article.

    --
    God, schmod. I want my monkey man!
    1. Re:Does this mean.. by Anonymous Coward · · Score: 2, Insightful

      that /. could fall within the AP's sights as well? I glanced drudge.com and it looks like they have even less of a story on their front page than /. does. Of course here most (if not all) of the stories are prefaced with "According to..." or some other similar wording with a link back to the article.

      Technically, /. is doing the exact same thing, the differnce? /. would fucking bury the AP if they tried that shit here, so the answer is of course to go after someone with less means to defend them selves, get a couple of good precedents on record THEN go after the big boys.

      Of course this is just another case of large corporations thinking they can litigate them selves into higher profits. They can't all they will do is alienate their customers and see their revenue go down.

      My ONLY news site is /. Anywhere else only sees hits from me when I decide to RTFA, a lot of people i know work the same way they never actually GO to a news site on their own, they followed TFA links from their feeds and Aggregator.

      Sites like The Drudge Retort are basically free advertising for the AP, but they'd rather sue.

      Something truly unfortunate must happen to peoples brains when they put on a suit because it seems corporate execs never seem to quite have a grasp on how the real world works.
    2. Re:Does this mean.. by TheFamilyGuy · · Score: 4, Interesting

      Any RSS feed for that matter can fall under this description. Should igoogle be banned for copyright infringement since I choose to get my news from various sources all on my google home page? This is absurd.

    3. Re:Does this mean.. by siwelwerd · · Score: 2, Insightful

      No, here we have "editors" who make sure the submissions do not accurately represent the content of the actual link.

  4. Re:Out Culture by snkline · · Score: 4, Informative

    I've only glanced at TFA, but it seems they are not taking issue with them quoting, but rather with them quoting misleadingly, i.e. without attribution. Without reference to the source, or even worse, without referencing the fact that you are quoting something else. For instance look at the example Cadenhead uses. It has a link to the article, followed by a quote from the article. But there is no indication that the quote is a quote! It is essentially being passed off as original commentary on the content of the article, even if that isn't what the author intended.

  5. You need to RTFA by plasmacutter · · Score: 3, Informative

    if you RTFA the cited articles DO properly link the story, posting the relevant excerpts to save a little time and bandwidth, and to clarify exactly which part of the story is relevant to the discussion.

    It most definitely is an attack on fair use.

    the sites are not plagiarizing the AP, they are posting quotes with relevant links.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:You need to RTFA by mr_matticus · · Score: 5, Informative

      No, if you actually paid attention, the site in question is a pure reposting of AP content headlines, ledes, and bodies. This is what AP is objecting to. Not the comments or discussion that it sparks, and not actual commentary provided by authors on the site in question. In fact, had you truly read the article, you'd see this:

      "AP wants to fill in some facts and perspective on its recent actions with the Drudge Retort, and also reassure those in the blogosphere about AP's view of these situations. Yes, indeed, we are trying to protect our intellectual property online, as most news and content creators are around the world. But our interests in that regard extend only to instances that go beyond brief references and direct links to our coverage.

      The Associated Press encourages the engagement of bloggers -- large and small -- in the news conversation of the day. Some of the largest blogs are licensed to display AP stories in full on a regular basis. We genuinely value and encourage referring links to our coverage, and even offer RSS feeds from www.ap.org, as do many of our licensed customers.

      We get concerned, however, when we feel the use is more reproduction than reference, or when others are encouraged to cut and paste. That's not good for original content creators; nor is it consistent with the link-based culture of the Internet that bloggers have cultivated so well.

      In this particular case, we have had direct and helpful communication with the site in question, focusing only on these issues.

      So, let's be clear: Bloggers are an indispensable part of the new ecosystem, but Jeff Jarvis' call for widespread reproduction of wholesale stories is out of synch with the environment he himself helped develop. There are many ways to inspire conversation about the news without misappropriating the content of original creators, whether they are the AP or fellow bloggers.

      Jim Kennedy
      VP and Director of Strategy for AP"

    2. Re:You need to RTFA by Liquidrage · · Score: 4, Interesting

      From what I saw the retort posts had "zero" of their own content. Basically someone at the retort would post the headline from an article, a few sentences from the article. And that's it. Comment away!

      There was no "So Yahoo is running a story on..."
      It was actually just a piece of Yahoo's story. So I can see the issue and they certainly did not look like a typical post and reply here on /.

  6. Cite it by Anonymous Coward · · Score: 5, Informative

    It seems to me this issue could have been avoided simply by properly citing the original article.

    Every writing class you have ever taken since high school has taught you that if you use "excerpts" (which is all this guy said his users did), that you cite the original source.

    Pretty basic.

    1. Re:Cite it by Mr2001 · · Score: 2, Insightful

      Every writing class you have ever taken since high school has taught you that if you use "excerpts" (which is all this guy said his users did), that you cite the original source. Like, for example, by putting a prominent link above the excerpt, so any reader can click the link and go directly to the original source to see the excerpt in context?
      --
      Visual IRC: Fast. Powerful. Free.
  7. replying to myself now that I RTFA by d34thm0nk3y · · Score: 2, Insightful

    Two interesting points:

    The longest quote used was 2 paragraphs "from the end of the article." They don't say how long of an article though.

    The article writer attempts to address fair use but just happens to leave out the "for the purpose of comment and criticism" aspect.

  8. Ah, AP by Ricin · · Score: 2, Insightful

    that beacon of independent journalism lazily quoted around the world without question or any original research by the quoting parties (all news outlets who I'm sure pay them for their feed, how 1980s).

    Poor them. For once the message may have been cut-and-pasted a bit too (un?)skewed for their tastes, or who knows, have contained actual unbiased truth (Dog help us!)

    Poor them.

    Yup they surely need the fascist DMCA to make sure they will remain the number one source of the whole truth and nothing but the truth for the people. No thought crime allowed. After all, this is a new time.

    Poor them.

  9. Google has AP stories without clutter by noidentity · · Score: 3, Informative

    If you ever want to link to (or even just read) Associated Press news stories without all the clutter of most websites, use Google. For example: news.google.com search for roma tomatoes source:"associated press" and an example AP story found.

  10. Re:Good by maynard · · Score: 3, Informative

    A) Not Drudge. It is the "Drudge Retort", a counter-site to the drudge report. But don't worry, when one of my articles got picked up by the Drudge Retort, I too was confused and thought I'd made the Drudge Report's FP.

    B) I'm a writer. My copyright is mine, not yours.

    C) Look up "fair use" and see if duplication of large sections of a copyrighted work has ever been acceptable prior to the advent of digital technology. It wasn't.

    I like digital distribution. I hate thieves. Especially of my work, because when people steal stuff I worked hard to create, it pissed me the fuck off. It would piss you off too, had you done that work.

  11. Urinating into a gale by russotto · · Score: 3, Informative

    The seven takedowns themselves are unimportant. The AP is clearly trying to produce a chilling effect preventing people from posting excerpts at all with this sort of thing. Unfortunately for them, they can't really do it. The blog owner won't play ball, and the original posters are unthreatened by the notices.

  12. Totally out of touch by theshibboleth · · Score: 3, Interesting

    Whatever the details of this particular case, whenever I hear things like "link-based culture" I just think how out of touch old journalism is with the Web. It's like they can't understand the deeper concepts like shared resources that linking implies.

    Most big newspapers didn't really even establish much of an online presence until Web 2.0 was gaining momentum, and they're still trying to catch up. Web sites, like the Los Angeles Times, fear user-generated content like wikis because they can't figure out how to manage them. They don't trust the medium enough to embrace concepts like self-regulated systems that work through tagging, ratings, etc...

    It really makes me wonder how these news sites will survive... consider that ABC News' idea of bringing in an online audience was to have someone with a laptop sitting with the commentators/anchors screening messages from Facebook; the internet is supposed to enable direct communication between individuals, not the same filtered meaningless content that's been called news for the last few decades...

    Consider too that many wire articles that reference Web sites do not actually link directly to the Web site. Why? Do they not know how? Are they afraid of what people might see, or do they not trust the authenticity of the site? Maybe they just don't like the idea of people getting information directly from sources.

    1. Re:Totally out of touch by plasmacutter · · Score: 2, Insightful

      I was recently asked by my mother for an "impartial" source on the positions of our two presidential candidates. And by "un-biased" she meant one of the "major" news sources.

      I told her flat out it's impossible to get un-biased reporting from the major news sources, and suggested she read the threads here.

      I really don't know if I've gotten through to her though. I've mentioned how many liberties we've lost and how hijacked our judiciary, legislature, and media have become in the past 8 years, and when I did she began shutting it out.

      Most people don't really want to know about this kind of thing, and that's why these news organizations continue to survive.

      They offer a plausible way to continue to hide in the illusion our society isn't royally boned, because if they had to acknowledge otherwise they would have to do something about it, and they're too tired to do something about it.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  13. Re:Good by Liquidrage · · Score: 2, Insightful

    If you actually RTFA and followed the links enough, you'd see there is a good difference between what /. does and what this drudge retort was doing.

    /. submissions are often quotes from an article along with some commentary. The retort's posts has no commentary, and were 100% made up of pieces from the article. And presented in a manner that did not make that clear.

    What I find the bestest is how much of a cocky ass you were about this when didn't even bother to have a clue what you were talking about.

  14. Re:Good by Liquidrage · · Score: 2, Informative

    That's isn't analysis, that is a person involved in the dispute making his case.

    And furthermore, read what I actually wrote. I didn't say they did not link to the article. I pointed out that *UNLIKE* slashdot their "postings" had *NO* commentary. None. Zero. I don't mean the user comments. I mean scroll up on this page and find "Ian Lamont points us to The Industry Standard..."
    Now replace everything in that article submission with a paragraph from the linked article. Then just link the headline to the article.

    Do you get it yet? That were not citing an article. They were taking a section of an article and using that as their "entire" content that people could respond to.

    Lastly, you are a paranoid freak if you think I know you from Adam let alone have a vendetta against you.

  15. Re:I am conflicted by Xtravar · · Score: 2, Informative

    Why? I know liberals and conservatives who like it - if nothing else, for the bizarre links. Helps fill in when Slashdot gets slow...

    --
    Buckle your ROFL belt, we're in for some LOLs.
  16. Separation of Copyright and Press... by gnuASM · · Score: 4, Insightful

    ...should become a central doctrine that every Constitution-loving individual should be touting to their representatives. When items of fact can be controlled through the premise of copyright protection, the *IAAs' will look like a child's prank compared to the censorship of thought and ideas that will arise by extending monopolies to cover facts.

    Irregardless of ANY form of creativeness, press is a protection of the People that may neither be hindered nor prohibited by the State, and this includes Congress. Congress is granted the power to extend copyrights, or temporal monopolies on ideas and expression. Press, on the other hand, is a power of the People, which Congress has NO power to hinder.

    Copyright in and of itself hinders the natural dissemination of an idea by restricting the distribution of that idea. Press was expressly included in the first Amendment as an exclusion to the powers of Congress in extending copyrights, that the dissemination of current and historic fact may not be controlled and censored.

    If we continue to allow works of the Press to be treated as works protected under Copyright, than eventually we will no longer be allowed to claim the sky to be blue, for a fact to be true, or for 1+1 to equal 2, without infringing copyright and becoming enemies of the State.

  17. Interesting Idea... by maz2331 · · Score: 3, Insightful

    Perhaps news reporting should be given a vastly shorter copyright term... say, 1 week as opposed to "forever" as is currently the practice.

    Seriously, how much value does a week-old news article have nowadays?

    Copyright is great for "expressive works". It's not really good when applied to "facts".

  18. What really bugs me by Maxo-Texas · · Score: 5, Insightful

    In the local city paper in texas, they have a 6", one column story about how someone in Kansas was killed. This person is not otherwise newsworthy.

    1st... WHO CARES????
    2nd... This creates the impression that the world is a lot more dangerous place than it really is.
    3rd... again.. who cares? This isn't a famous person- they have no ties to texas... there is no reason for it to be reported anywhere in texas.

    It's like talking about how wild monkeys are attacking a village in india last year.

    I want my local paper to have local news. Heck, tell me about the flood control changes they plan ahead of time (instead of afterwards)- tell me about something happening in other texas cities.

    The national stories should be in a national section and should be significant- not random.

    Really bugs me.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  19. Re:My Heart Bleeds by bizwriter · · Score: 2, Informative

    >> > We get concerned when we feel the use is more reproduction than reference, or when
    >> > others are encouraged to cut and paste.

    >> Fair use. Learn to live with it.

    That's not fair use. The copyright statutes are pretty clear that fair use is quoting in the context of doing something like criticism, comment, or teaching. Simply copying without adding something is called republishing, and that isn't covered by fair use.

    >> > That's not good for original content creators; nor is it consistent with the >> link-based
    >> > culture of the Internet that you and others have cultivated so well

    >> Whereas AP articles, of course, are just chockfull of links.

    Of course they're not - they are putting online their own original reporting and work. If someone doesn't do that, there isn't going to be anything worth quoting in the first place.

  20. Valuable to Slashdot by Anonymous Coward · · Score: 2, Funny

    > Seriously, how much value does a week-old news article have nowadays?

    It can be used as the basis of the average Slashdot post?

  21. Do you even know what the AP is? by Teancum · · Score: 5, Informative

    And I'll repeat that question:

    Do you even know what the AP even is?

    The Associated Press was started by a bunch of small-town newspapers who individually simply couldn't even begin to compete against the major newspapers (mainly east-coast U.S. newspapers like the New York Times and Washington Post). Some of those major papers did allow these small town newspapers to reproduce their stories, but charged extortionist prices for the content.

    So instead, a bunch of these much smaller newspapers decided to get together and share their own news gathering resources with each other and try to substantially reduce royalty fees for reproducing content. In a few cases there were "bureaus" that were set up and financed by the collective organization, but for the most part they relied upon a dispersed distribution model where the "members" each contributed stories for the general geographic region where they lived.

    There was also a voluntary "significance" rating applied to each story as well, ranging from general human-interest stories (somebody just raised a two-headed snake, biggest ball of twine in Smallville, Iowa) to significant news (war has just been declared or a major world leader has been assassinated). Mainly it was newspaper editors trying to help each other out and fill each other's newspapers with content without having to break the bank with a huge payroll of reporters.

    Frankly the AP in my mind represents nearly the spirit of the open source movement in a great many ways, even though it is a commercial entity. You can debate about the current incarnation of the Associated Press and its current operations, but it certainly has an admirable and interesting heritage.

    The issue here isn't big bad business vs. lonely bloggers... it is more how a 19th Century American institution based on a distributed content model can adapt to the 21st Century, and how content intended for one medium is being adapted for a much newer medium, where the business model will change.

    There are several blogger and web-based distributed news gathering sources that create original content (aka not copy AP stories), but unfortunately most of these bloggers are taking the easy way out and simply doing a direct copy of what is clearly copyrighted work. If these same bloggers would support (and reference) these alternatives, this would have been a non-story at all. Indeed many of these alternatives even post content with a free content license like CC-by-SA or something similar.