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The Associated Press has apparently decided to fold its tent and exit the blogosphere copyright battlefield, at least for now. According to a statement by Rogers Cadenhead, the newswire and he have reached a settlement of some kind, in which the AP has agreed to not pursue further action again
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1 year ago
Rodger's victory is his alone. It does not apply to you or I. Rodger's conformance, compliance, or capitulation, is his alone.
Which is the best thing out of this copyfight. Following any guideline by any organization over 'Fair Use' is not legal, and to some, may be construed as a threat to Free Speech.
Don't get weird on me now, There Are Lawyers Involved. Why do you think the largest repository of DMCA Takedown Notices is called Chilling Effects?
AP loses because they will need a bunch more lawyers to file DMCA notices, because unless they go back to the teletype, and have their owner-members erect paywalls, it will be quoted.
As for the AP saying 'quoting a headline and the lede paragraph of a story' is infringement is crap. It is AP's attempt to maintain control over it's writing style, with a headline and first paragraph, the hook and the summary, with the rest of the story explaining the first 'graf'. They would really like to make this a guideline, as if you quote that, the story is basically over, you have the sizzle and the steak, the rest is fat and bone.
As mentioned at various places around the web, copyright infringement by disagreement over Fair Use takes place in a courtroom. This is the 4 factors test.
It sucks, it does not resolve the issue, and it will happen again and again.
And we will all get up in their faces.
Robert Cox and the Media Bloggers Association gets an atta boy for his work in resolving this specific issue, Back Story on How AP and Drudge Retort Come to Terms especially in the speed of getting a large organization like the AP to make a decision without months of meetings, focus groups, and balloting, but gets a big aw sh*t for trying to sell us insurance, regardless of his statement of no commission.
The rest of us lose because this issue because Fair Use is not a quantity or percentage issue, and in the vast majority of cases is not commercial issue. We could turn off the web.
1 year ago
http://snurl.com/2l7vi