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from the you're-going-to-lose,-badly dept
Last fall, the Associated Press claimed that it was ready to change to face the new internet world -- and that meant not just being a gatekeeper, but joining in the conversation. As we noted at the time, though, AP execs said all that, only to immediately follow that up with plans that looked like it was trying to become a new type of gatekeeper. It didn't help that the company had also just sued VeriSign's Moreover division for linking to AP stories along with a title and a tiny excerpt. That sort of thing is clearly fair use -- but the AP doesn't seem to think so.
And, now, it's expanding its target list. Rather than just going after the big aggregators (surprisingly, Google settled), it appears that the Associated Press is going after bloggers for merely posting a linked headline and a tiny snippet of text from the article. In this case, Rogers Cadenhead informs us that the AP sent 7 DMCA takedown notices last week to his site,
On the face of it, it's nearly impossible to see how this isn't fair use, even though an AP representative insists it's not:
The use is not fair use simply because the work copied happened to be a news article and that the use is of the headline and the first few sentences only. This is a misunderstanding of the doctrine of "fair use." AP considers taking the headline and lede of a story without a proper license to be an infringement of its copyrights, and additionally constitutes "hot news" misappropriation. - AP
Hopefully, they won't send a takedown notice for quoting that. This is pure bullying on the part of the Associated Press, and a clear overstepping of its legal rights
from the that's-not-how-it-works dept
On Friday, the story about the Associated Press threatening a blogger for using short snippets of AP stories with links back to the original as somehow being copyright infringement got a ton of attention. It was a clear case of the AP overstepping its bounds -- which goes against everything the organization claimed it would do. As more and more people complained, the AP figured it needed to do something to respond to the complaints -- though, it's choice of somethings proved rather ill-conceived.
from the isue dept
You may recall, a couple of years back, the Associated Press got a ton of negative attention for threatening bloggers who "quote too much" of AP articles. Soon after that, we were among those who noticed that the AP had a deal with a company called iCopyright, which seemed to suggest that "fair use" quotes were limited to four words or less. After that, rates started at $12.50 to quote five words.
To quote the AP quoting me, I’m theoretically on the hook for $25.www.zatznotfunny.com...