Tech Crunch – Here’s Our New Policy On A.P. stories: They’re Banned


The stories over the weekend were bad enough – the Associated Press, with a long history of suing over quotations from their articles, went after Drudge Retort for having the audacity to link to their stories along with short quotations via reader submissions. Drudge Retort is doing nothing different than what Digg, TechMeme, Mixx and dozens of other sites do, and frankly the fact that they are being linked to should be considered a favor.

After heavy criticism over the last few days, the A.P. is in damage control mode, says the NYTimes, and retreating from their earlier position. But from what I read, they’re just pushing their case further.

They do not want people quoting their stories, despite the fact that such activity very clearly falls within the fair use exception to copyright law. They claim that the activity is an infringement.

A.P. vice president Jim Kennedy says they will issue guidelines telling bloggers what is acceptable and what isn’t, over and above what the law says is acceptable. They will “attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright.”

Those that disregard the guidelines risk being sued by the A.P., despite the fact that such use may fall under the concept of fair use.

The A.P. doesn’t get to make it’s own rules around how its content is used, if those rules are stricter than the law allows. So even thought they say they are making these new guidelines in the spirit of cooperation, it’s clear that, like the RIAA and MPAA, they are trying to claw their way to a set of property rights that don’t exist today and that they are not legally entitled to. And like the RIAA and MPAA, this is done to protect a dying business model – paid content.

So here’s our new policy on A.P. stories: they don’t exist. We don’t see them, we don’t quote them, we don’t link to them. They’re banned until they abandon this new strategy, and I encourage others to do the same until they back down from these ridiculous attempts to stop the spread of information around the Internet.

June 16, 2008
Michael Arrington

Source: Tech Crunch

AP To Set Guidelines For Using Its Articles In Blogs

The Associated Press, one of the nation’s largest news organizations, said that it will, for the first time, attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright.

The A.P.’s effort to impose some guidelines on the free-wheeling blogosphere, where extensive quoting and even copying of entire news articles is common, may offer a prominent definition of the important but vague doctrine of “fair use,” which holds that copyright owners cannot ban others from using small bits of their works under some circumstances. For example, a book reviewer is allowed to quote passages from the work without permission from the publisher.

Fair use has become an essential concept to many bloggers, who often quote portions of articles before discussing them. The A.P., a cooperative owned by 1,500 daily newspapers, including The New York Times, provides written articles and broadcast material to thousands of news organizations and Web sites that pay to use them.

Last week, The A.P. took an unusually strict position against quotation of its work, sending a letter to the Drudge Retort asking it to remove seven items that contained quotations from A.P. articles ranging from 39 to 79 words.

On Saturday, The A.P. retreated. Jim Kennedy, vice president and strategy director of The A.P., said in an interview that the news organization had decided that its letter to the Drudge Retort was “heavy-handed” and that The A.P. was going to rethink its policies toward bloggers.

The quick about-face came, he said, because a number of well-known bloggers started criticizing its policy, claiming it would undercut the active discussion of the news that rages on sites, big and small, across the Internet.

The Drudge Retort was initially started as a left-leaning parody of the much larger Drudge Report, run by the conservative muckraker Matt Drudge. In recent years, the Drudge Retort has become more of a social news site, similar to sites like Digg, in which members post links to news articles for others to comment on.

But Rogers Cadenhead, the owner of the Drudge Retort and several other Web sites, said the issue goes far beyond one site. “There are millions of people sharing links to news articles on blogs, message boards and sites like Digg. If The A.P. has concerns that go all the way down to one or two sentences of quoting, they need to tell people what they think is legal and where the boundaries are.”

On Friday, The A.P. issued a statement defending its action, saying it was going to challenge blog postings containing excerpts of A.P. articles “when we feel the use is more reproduction than reference, or when others are encouraged to cut and paste.” An A.P. spokesman declined Friday to further explain the association’s position.

After that, however, the news association convened a meeting of its executives at which it decided to suspend its efforts to challenge blogs until it creates a more thoughtful standard.

Read moreAP To Set Guidelines For Using Its Articles In Blogs

Despite denials, military still studying clandestine use of blogs

It was revealed this week by Wired that a study written for the U.S. Special Operations Command in 2006 recommended “clandestinely recruiting or hiring prominent bloggers” in order to promote messages favorable to the military. It also raised the possibility of altering an “enemy blog” by hacking to destroy its credibility or use it to spread false information.

The military has downplayed this study as an “academic exercise,” but its conclusions appear to match closely with a strong and growing focus by the Pentagon on what it calls “information warfare.”

Underlining this interest, this past January former Secretary of Defense Donald Rumsfeld resurfaced for the first time in over a year to address a conference on “Network Centric Warfare.” He complained that Islamic radicals are winning the propaganda battle against the United States and proposed a “21st-century agency for global communications” that would tell the American side of the story, using resources ranging “from blogs to online social-networking sites to talk radio.”

During the question session afterward, Rumsfeld suggested again that “a new agency has to be something that would take advantage of the wonderful opportunities that exist today. There are multiple channels for information . . . The Internet is there, blogs are there, talk radio is there, e-mails are there. There are all kinds of opportunities.”

Until recently, the popular concept of information warfare primarily involved hacking or denial of service attacks deployed against blogs and websites in order to convey a political statement.

For example, at the time of the invasion of Iraq in 2003, there were reports of widespread hacking of both military and commercial websites. According to ZDNet, “most notably, the US Navy Web site was hacked by an activist called Apocalypse. The message posted on the site read: ‘No War, U.S.A think they can tell the world what to do.'” A few months later, several NASA sites were similarly hacked by Brazilian anti-war protesters.

Read moreDespite denials, military still studying clandestine use of blogs

Military Report: Secretly ‘Recruit or Hire Bloggers’

Source: Wired
A study, written for U.S. Special Operations Command, suggested “clandestinely recruiting or hiring prominent bloggers.”

Since the start of the Iraq war, there’s been a raucous debate in military circles over how to handle blogs — and the servicemembers who want to keep them. One faction sees blogs as security risks, and a collective waste of troops’ time. The other (which includes top officers, like Gen. David Petraeus and Lt. Gen. William Caldwell) considers blogs to be a valuable source of information, and a way for ordinary troops to shape opinions, both at home and abroad.

Read moreMilitary Report: Secretly ‘Recruit or Hire Bloggers’