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Newspapers Try To Stop Ad-blocking Browser Brave From 'Stealing Content'

New reader DarkLordBelial writes: The newspaper Association of America (NAA) has sent a letter to Brave Software, makers of the Brave browser, detailing how little they think of Brave's proposed solution. In the letter, NAA says Brave Software "should be viewed as illegal and deceptive by the courts." The letter suggests that replacing adverts with their own selected ads is no different to republishing the content and therefore copyright infringement. In response, Brave Software says all such assertions are false and that the NAA has misunderstood their business model. Founded by Mozilla's co-founder, Brave pays its users in bitcoin to watch ads. According to the company's plan, a website gets 55 percent of the money, whereas rest is distributed among users and Brave.

27 of 112 comments (clear)

  1. Well, they're not wrong by bluefoxlucid · · Score: 2

    What the NAA published is ludicrous and disconnected from reality; but they're not wrong: if Brave actually did what they claim, it would be roughly akin to stealing their content just as if they'd copied it to their own server and republished it. It's like tying a string to a door and hooking up a shotgun, then trying to claim you didn't shoot them.

    This is called a strawman argument: the NAA made up something easy to attack and used it to attack something defensible. Since what Brave actually does is actually a sort of partnership between publishers and the browser manufacturer, it's really fucking hard to trample down.

    If you want to attack Brave, attack it on grounds of being an unsustainable business model.

    1. Re:Well, they're not wrong by Anonymous Coward · · Score: 2, Insightful

      No, the NAA is wrong, and Brave explain why they're wrong quite clearly and elegantly. You should read their rebuttal, it's quite good. Duck arguments don't work legally, and for good reason. It's nothing like tying a string to a door etc. No republication is happening. I repeat, no republication is happening. Reformatting content on a client is not republishing. Publishers might not like it (the whole thing sounds like a scam to me) but the republishing argument has no weight, legally or morally.

  2. Suggestion by Anonymous Coward · · Score: 4, Interesting

    How about an add blocker with the following properties... 1: It only accepts adds on the right ( or left, user selectable ) margin, and 2: it only accepts adds up to a user selectable total size. A web site could send down 5 small adds or one big add or get blocked part way through a really big add. This would give the advertisers an incentive to create less irritating and smaller adds and the web site could charge more for being one of the first adds to be sent to the user.

    1. Re:Suggestion by phantomfive · · Score: 4, Interesting

      3) If an ad gets served containing malware, the website is liable for punitive damages in court.

      --
      "First they came for the slanderers and i said nothing."
  3. Ha ha ha ha by JustAnotherOldGuy · · Score: 4, Informative

    NAA says Brave Software "should be viewed as illegal and deceptive by the courts."

    Lol, wat?

    Seriously, is this grasping at imaginary straws, or what? Let's be clear here: what I do with MY browser on MY internet connection is MY business, not yours. If I choose not to display certain content or (GASP) swap it for other content, that's MY choice and is not reason to try and drag anyone into court.

    Then:
    Users: hey can you give us less intrusive and annoying ads
    Advertisers: screw you here is your ad

    Now:
    Advertisers: hey please don't block our ads thanks
    Users: screw you

    --
    Just cruising through this digital world at 33 1/3 rpm...
    1. Re:Ha ha ha ha by JustAnotherOldGuy · · Score: 2

      Yep. For me it's:

      Forbes: Please disable your adblocker
      Me: (clicks on Close Window button)

      --
      Just cruising through this digital world at 33 1/3 rpm...
  4. should have thought this one through... by Thud457 · · Score: 3, Interesting

    Ted Nelson says "how's that World Wide Web working out for you guys?"

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  5. Memo to the NAA: by kheldan · · Score: 4, Interesting
    Dear NAA:
    • First and foremost: We don't want your shitty ads.
      Secondly: We really don't want your shitty content that much, either.
      Third: You're like dinosaurs stuck in a tarpit; all these wailings, whingings, and whinings about your 'ad revenue' and how us ad-blocker users are 'stealing your content' is just your death-song.

      Do you want to survive? Stop saturating us with shitty ads. Get a sense of scale and apropriateness. We're not going to pay attention to your ads anyway, but at least we won't block them if they're not playing video, flashing, doing shitty animations, popping up in our faces, or otherwise being annoying to the point where we want to punch the screen.
      Also, while I've got your attention: Stop tracking us. We hate that shit. It's at least half the reason we block your shitty ads in the first place.

      Get correct, or get extinct. Choice is yours.

    Sincerely,
    The Internet

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:Memo to the NAA: by Anonymous Coward · · Score: 2, Interesting

      Dear Brave Browser:

              First and foremost: We don't want your shitty ads.
              Secondly: We really don't want your shitty percentage of bitcoin that much, either.
              Third: You're like vultures hovering over the dinosaurs stuck in a tarpit; all these wailings, whingings, and whinings about your 'ad revenue' and how us ad-blocker users are 'stealing your content' is just your death-song.

              Do you want to survive? Stop saturating us with shitty ads. Get a sense of scale and apropriateness. We're not going to pay attention to your ads anyway, but at least we won't block them if they're not playing video, flashing, doing shitty animations, popping up in our faces, or otherwise being annoying to the point where we want to punch the screen.
              Also, while I've got your attention: Stop tracking us. We hate that shit. It's at least half the reason we block your shitty ads in the first place.

              Get correct, or get extinct. Choice is yours.

      Sincerely,
      The Internet

    2. Re:Memo to the NAA: by DNS-and-BIND · · Score: 2

      Newspapers will just say: we sell the ads, we can't control what comes on your screen. Could be anything. And...they're right. They can't police every ad that comes across because they just sell to ad providers. If you think they should, they'll reply they're in the newspaper writing business, don't know crap about this internet ad stuff, just like they don't care about the content of their print ads. Well they do actually, someone looks at them before they go to print. But they won't do that for internet ads because it's too hard.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    3. Re:Memo to the NAA: by david_thornley · · Score: 2

      Doesn't that mean they have no copyright on the page as a whole, but only on what they provide? If the picked the ads themselves, they'd have some claim that the whole page was a creative effort on their part (US copyright law sets a low bar on creativity required), but that isn't the case for most newspapers.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    4. Re:Memo to the NAA: by crackspackle · · Score: 3, Interesting

      You're like dinosaurs stuck in a tarpit; all these wailings, whingings, and whinings about your 'ad revenue' and how us ad-blocker users are 'stealing your content' is just your death-song.

      The title intentionally misquotes the NAA letter for sensationalism. Brave intends to replace publisher ads with their own. The NAA said "Your plan to use our content to sell your advertising is indistinguishable from a plan to steal our content to publish on your own website.". They technically said "use our content" in reference to what was happening and then compared it to and offline form of what would be theft.

      All that aside, the whole argument about copyright infringement vs theft is that you're not depriving them of their original work or material gain from it. For Brave's plan to work, it would be doing exactly that. And yes, Brave has stated the intend to pay publishers a share of the profit on Brave's terms, all without publisher agreement. On what planet does that work, walk into a business, set my terms and they have to recourse but to accept? If Brave's plan is so great, they can do what others do and sell it and get a consenting agreement first.

    5. Re:Memo to the NAA: by kheldan · · Score: 2

      When newspapers were just that -- news printed on paper -- all the ads were just static text and images, in black-and-white, sometimes in color, like everything else, generally restricted to (as I recall anyway) an insert, easily ignored, if you didn't care for ads. Not so much with the Internet.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  6. Ads aren't content by WillAffleckUW · · Score: 2

    One of my first jobs was delivering advertising tear sheets for a small town newspaper.

    You didn't make that. The news is the news. Ads are not the news.

    Maybe if ads didn't obscure half of our iPhone screen space and not go away when we try to read stuff, we wouldn't need to ad-block it. Especially the ones that autoplay.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:Ads aren't content by david_thornley · · Score: 2

      FWIW, I installed an ad blocker on my iPhone because I could no longer use a lot of sites. It was not possible to scroll reliably without accidentally touching ad space and being sent off to another site. If any site decides it isn't going to serve me content because of that, fine, that's their right.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  7. Re:Meanwhile by Z00L00K · · Score: 5, Insightful

    I agree, and adblockers are necessary to avoid my bandwidth being stolen by ads and the risk of malicious ads intruding on my computer.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  8. Bansy on advertising by houghi · · Score: 4, Insightful

    People are taking the piss out of you everyday. They butt into your life, take a cheap shot at you and then disappear. They leer at you from tall buildings and make you feel small. They make flippant comments from buses that imply you're not sexy enough and that all the fun is happening somewhere else.
    They are on TV making your girlfriend feel inadequate. They have access to the most sophisticated technology the world has ever seen and they bully you with it. They are The Advertisers and they are laughing at you.

    You, however, are forbidden to touch them. Trademarks, intellectual property rights and copyright law mean advertisers can say what they like wherever they like with total impunity. FUCK THAT. Any advert in a public space that gives you no choice whether you see it or not is yours. It's yours to take, re-arrange and re-use. You can do whatever you like with it. Asking for permission is like asking to keep a rock someone just threw at your head.

    You owe the companies nothing. Less than nothing, you especially don't owe then any courtesy. They owe you. They have re-arranged the world to put themselves in front of you. They never asked for your permission, don't even start asking for theirs.
    -- Banksy

    --
    Don't fight for your country, if your country does not fight for you.
  9. Forbes treates Firefox privacy as ad blocking by tepples · · Score: 5, Informative

    Forbes straight up admits that it treats Firefox's "Open Link in New Private Window" as an ad blocker. Because Forbes doesn't do privacy, I don't do Forbes.

    1. Re:Forbes treates Firefox privacy as ad blocking by bmo · · Score: 3, Interesting

      >original content needs some sort of revenue.

      Fine. Do subscriptions, or "ad fewer" like Wonkette does or convince your users to whitelist you, like FARK does (they also do subscriptions, so Drew can pay for his Maker's Mark).

      >The race towards paying for nothing and getting everything for free seems somewhat out of sync with me.

      It's not about paying nothing anymore. Users are quite happy to fork over money for subscriptions (hulu, netflix, amazon prime, etc) for content if it's at a decent price and not a fucking "MINE ALL THE USERS" for demographics. And when a subscription is paid for, if you promise no ads, don't do ads like the cable channels have done with bait-and-switch over the decades.

      If you want to rely on ads instead of subscriptions, that's your own decision and not the users'. The users get the final say in what they display on their own terminals. Not you. If this isn't what you want, then change your damn business model.

      I block ads because they are a security risk. When the ad industry finally decides to come up with some fucking standards that treat the users with respect, I'll stop blocking. But that is highly unlikely, because the ad industry and the dweebs that hire them are rapacious assholes.

      They've thrown dead goats down this well for well on 20 years. Sorry, you guys fucked up, and you are no longer tolerated. Go. Away.

      inb4 "but the ads pay for the free content"

      if you can't convince your users to subscribe or whitelist you, then your content isn't really all that worth it, is it?

      --
      BMO

    2. Re:Forbes treates Firefox privacy as ad blocking by Cito · · Score: 4, Interesting

      That's why I run the best script for grease monkey plugin ever.

      Adblock Detector Blocker for Grease monkey.

      You can watch Hulu ad free, have zero ad or paywalls anymore on news sites. Read the entire new York times without paywall pop-up.

      Grease monkey with adblock detector blocker
      Ublock adblocker
      No script

      3 greatest plugins ever to enjoy a web like it was when I was working for isp in 1993+ erases social media and ads from the net and unlinks all sites from each other via social and analytics sits, blocks statcounter, Google analytics, Alexia, etc.

  10. Re:E-z way to block graphical ads by david_thornley · · Score: 2

    Copyright law does not prohibit private performances, like a screen reader. It prohibits public performances.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  11. Re:Meanwhile by Mashiki · · Score: 3, Insightful

    Other browsers have ad-blocker add-ons

    They're upset because he very well may have outsmarted them, and figured out a way for people to view ads. To be honest, if Brave is vetting ads, and paying me to watch them I'm likely going to give that a go, and with luck that'll be a perfectly fine solution to the current "OMG YOU'RE THIEVES" BS that sites are pushing, and the "OMG AD-BLOCKERS AM ARE THE DEVILS" that the advertising companies are pushing.

    --
    Om, nomnomnom...
  12. Re:Billboards by rahvin112 · · Score: 2

    There are some areas without billboard advertising. Go visit Seattle some time and marvel at the total lack of outdoor advertising.

  13. A year of Amazon Prime for one episode by tepples · · Score: 2

    Fine. Do subscriptions

    Most people are unwilling to buy a year's subscription just to read one article. So how do you "Do subscriptions" without turning away users who arrive through citations in search, social media, or other aggregators?

    or convince your users to whitelist you

    Good luck with that when these sites insist on allowing cross-site interest-based advertising and proprietary JavaScript.

    Users are quite happy to fork over money for subscriptions (hulu, netflix, amazon prime, etc) for content if it's at a decent price

    Then let me draw an analogy: Paying for a year of Amazon Prime to watch one episode is likely not "at a decent price".

    1. Re:A year of Amazon Prime for one episode by bmo · · Score: 2

      You wrote two replies. One to me and one to fropenn. I will combine my reply into one long post, so please excuse the length.

      >>subscriptions

      >Most people are unwilling to buy a year's subscription just to read one article So how do you "Do subscriptions" without turning away users who arrive through citations in search, social media, or other aggregators?

      Lots of places have a number of free articles per month that users can read, most of the time 10 or 20. Then you are encouraged to buy a subscription. This is set by cookies, which can be removed, or JS can be turned off, or a combination of the two, to browse freely and leech. But those methods are for only the technically adept, us, who are less than 1% of the people out there and thus are not a risk to profit, because if your business fails because of that 1%, you're doing something very wrong.

      >link to block-adblock

      Oh dear fucking lawd.

      >>whitelist

      >Good luck with that when these sites insist on allowing cross-site interest-based advertising and proprietary JavaScript.

      I block JS by default and whitelist. Chrome makes this really easy. I also have a very large /etc/hosts that sends ad networks to 0.0.0.0. So when I whitelist JS, I can have the site's JS, and the third party insanity/security-risk never even gets past the lookup.

      And there are plenty of places that keep track of ad networks, so keeping up with new ones is not hard.

      >Then let me draw an analogy: Paying for a year of Amazon Prime to watch one episode is likely not "at a decent price".

      Your analogy fails when Netflix and Hulu are month-to-month for the price of a couple of Starbucks Chai-Latte-GMOFree-Organic-Vanilla-Salted-Caramel-instant-weight-gain-heart-attack-diabetes-in-a-cup.

      Your analogy also fails that there /are/ ways to buy individual articles as e-books. As a matter of fact, paying by the article was pioneered by the scientific journals /three decades ago/. Not that I actually go there, but Pornhub makes money hand-over-fist (har har) with subscriptions even though there is a lot of "free" content on their site. But that's because the fine people at Pornhub actually work at making their site worthwhile, for various values of worthwhile and that paying is easy. And they are one of many that get people to pay. The porn industry has grown up, business-wise.

      People /will/ pay if there is content to pay for and paying isn't a UI nightmare.

      Why hasn't the "omg our users aren't seeing our ads" community ever talked to people who sell individual articles and how that business model still works to this day? I don't know. The only thing I can think of is that clickbait-site-owners are just lazy and can get away with simple ad syndication and they're just complaining of the people who also just fucking back out of their sites after seeing the abortion of site design (omgfuckingGAWKER.com, etc., ) painted across the users' screens.

      The cable industry has been selling pay-per-view content for decades. This is also a valid business model, as it is wildly profitable.

      You said to fropenn:

      >It's not that a single site has only one article, but that one article is the only article that a particular user desires to view. Consider using a search engine to find ten different articles, but they're all on different sites, each of which requires the user to pay for a year's subscription.

      What is syndication? What is a payment system? I can buy individual dead-tree newspapers, books, and magazines with cash, debit, or credit. I can also do this at various reputable newspaper websites, too, and they will even get archived stuff from 80 years ago for me if I can't be bothered to go to the library. Why hasn't the brain-trust of avaricious webpage owners figured out a way for me to buy their stuff with a payment system? Where is the micropayment system that was talked about

  14. Re:Meanwhile by Actually,+I+do+RTFA · · Score: 3, Informative

    Yeah, but it's one thing to skip past the commercials (ala Tivo) or block ads. It's another to replace them in their entirety.

    --
    Your ad here. Ask me how!
  15. Re:Meanwhile by nctritech · · Score: 2

    Not really. If someone hands me a newspaper, I am free to cut it, draw on it, tape over it, or anything else I want. The control over the content ends when the HTML with the site content is sent to me. If I want to hand the HTML to someone else to tape over the ads with different ads before I read that content, that is completely within my rights, both in the physical and the digital versions of this analogy. They can paywall the content and they're sure to get paid before I download it, but if they send it to me for no cost then they've chosen to give the content away. Remember: not retrieving advertisement images from a server somewhere is not "theft." Once the content reaches the user's private network, the user has unlimited rights to do with it as they please, excluding any restrictions under copyright law which basically just means they can't redistribute the modifications unless the fair use doctrine applies.