#1 2008-06-17 11:30:27

by the Associated Press.

Slashdot has picked this up... rcade has made the big time although not in the way he'd like I'm sure.

Offline

 

#2 2008-06-17 11:33:15

Read these hi-jinks last week.  Poor Mr. Cadenhead!

Offline

 

#3 2008-06-17 11:59:01

I always thought it would have been us that got him sued.

Offline

 

#4 2008-06-17 12:30:19

Heh.  I like how he re-posts on Workbench the exact posts that AP is claiming are "ripoffs."

Go rcade!

If you haven't already, CONSULT AN ATTORNEY.  A preliminary consultation is not expensive (often it's gratis).  And you will have a much better conception of what you'd be in for if you decide to fight.  You acknowledge you're not a legal expert--get the info you need from an expert before you decide what to do!

Offline

 

#5 2008-06-17 12:32:33

"Our new policy on AP stories...they're banned"

Offline

 

#6 2008-06-17 12:52:31

opsec wrote:

by the Associated Press.

Slashdot has picked this up... rcade has made the big time although not in the way he'd like I'm sure.

Digg reported it last night, too, but their story editing is so fucking piss poor they misspelled the name of rcade's site as "Drudge Report".

In another DMCA takedown, AP contends that the following user comment is a copyright violation:

Well, the oil execs just put another refinery in South Dakota. Maybe they're a bunch of retards.

Sorry but how could anyone ever mistake that black kettle?

Offline

 

#7 2008-06-17 13:05:33

pALEPHx wrote:

"Our new policy on AP stories...they're banned"

I concur. They should be banned here, too.

Fuck the Associated Press.

Fuck 'em in the A.

Offline

 

#8 2008-06-17 13:09:56

sofaking wrote:

I always thought it would have been us that got him sued.

Interesting point. In spite of its occasionally heavy traffic, though, I don't think anyone ever took Cruel.com seriously as a commercial threat.

Of course, newspapers are hemoraging worse now than ever (boo-fucking-hoo) and their lawyers are eager to look busy plugging vulnerable bleeders.

Last edited by choad (2008-06-17 13:14:58)

Offline

 

#9 2008-06-17 13:13:07

sofaking wrote:

Fuck the Associated Press.

Cuidado, wouldn't want to make a target of our one and only advertiser.

Offline

 

#10 2008-06-17 13:20:47

choad wrote:

sofaking wrote:

I always thought it would have been us that got him sued.

Interesting point. In spite of its occasionally heavy traffic, though, I don't think anyone ever took Cruel.com seriously as a commercial threat.

Of course, newspapers are hemoraging worse now than ever (boo-fucking-hoo) and their lawyers are eager to look busy plugging vulnerable bleeders.

http://img397.imageshack.us/img397/886/blackbeardtampoonsxh3.png

http://img396.imageshack.us/img396/1817/piracyld4.jpg

Offline

 

#11 2008-06-17 14:00:01

Rogers C should contact the EFF. They have taken up handling the leaglities for many fair use DMCA cases. Especially the ones where media companies try to expand the range of DMCA with test cases against the small potatos.

A pet project of theirs is to try and give some teeth to the provisions of the DMCA that make it illegal to file false DMCA claims.

Last edited by Johnny_Rotten (2008-06-17 14:08:58)

Offline

 

#12 2008-06-17 14:09:01

Johnny_Rotten wrote:

Heck they even helped Michelle Malkin fight off something similar.

That was just a particularly nasty case of the clap.

Offline

 

#13 2008-06-17 19:09:04

The Associated Press wants us bloggers to purchase a license from them for permission to quote 5 words from their stories. Ok guys, good luck with that. Recently they threatened some D-list bloggers in order to put the fear of god into everyone, but it backfired, naturally.

http://gawker.com/tag/media-bloggers-as … ssociation

That's nasty.

Offline

 

#14 2008-06-17 23:44:14

Check out this piss and moan as he tries to make hay for his efforts on R Cadenhead's account and shame us all to be thankfull that he will be drafting the new deal AP expects us to pay to play


http://www.mediabloggers.org/robert-cox … ted-groups

Offline

 

#15 2008-06-18 00:05:39

choad wrote:

The Associated Press wants us bloggers to purchase a license from them for permission to quote 5 words from their stories. Ok guys, good luck with that. Recently they threatened some D-list bloggers in order to put the fear of god into everyone, but it backfired, naturally.

http://gawker.com/tag/media-bloggers-as … ssociation

That's nasty.

The comments below the Gawker piece are well worth your time, y'all.

Offline

 

#16 2008-06-18 16:16:04

I love how that even with all of the responses this dispute is getting, I know when the High Street regulars have shown up to comment. You are beautiful snowflakes. Every one.

Because of the press attention, I've been approached by the EFF, Stanford Fair Use Project, *and* Public Citizen if this dispute goes to court. I'm pretty sure it won't, though.

It is kind of a shame that Cruel.Com didn't become the thing that nearly got me sued. Score one for the Retort users.

My contempt for DMCA notices and similar acts of legal heavy-handedness was definitely forged on Cruel.

Offline

 

#17 2008-06-18 16:26:02

Hey rcade,

Even Michelle Malkin is on your side and has taken up your case. Bet that is the first and last time that will ever happen.  Check out her calculations for what the AP owes her using their own formula for charging any quote above 5 words.

Hey, Associated Press: You owe me at least $132,125!


https://cruelery.com/uploads/359_apfee2.jpg

Auto-edited on 2020-08-02 to update URLs

Last edited by Johnny_Rotten (2008-06-18 16:27:13)

Offline

 

#18 2008-06-18 16:30:12

rcade wrote:

My contempt for DMCA notices and similar acts of legal heavy-handedness was definitely forged on Cruel.

Nice to know we were good for something.

Offline

 

#19 2008-06-18 16:33:17

In the ruckus about the Associated Press’s campaign to prevent blogs and other Internet sites from using what it considers too much of its material, one of the biggest sites that could be affected is Digg, the news site where readers determine what’s worth reading. So I figured that Jay Adelson, Digg’s chief executive, would be as up in arms about the A.P. as the rest of the blogosphere.

Nope. (source)

Twenty-five words are "too much?" No wonder this has been compared to money-grabs by the RIAA. Something as limited as five words can't even claim originality. For the most part, I always thought the AP existed to provide the "story nubs" that later became real articles after they were researched or embellished with supplementary material (interviews, imagery, etc.). When the AP reports, these are--or should be--quite literally "matters of fact." Would they now claim that they have exclusive ownership over events as they occur, as if the prose value of their reporting is anything more than basic journalism? (who, what, when, where, et al.)

Offline

 

#20 2008-06-18 16:38:02

During my years as a reporter, I don't think I could begin to count the number of AP feeds I added to for local context - with my byline being added to the story after - or even to update. Considering how the stories are being utilized by bloggers such as our fair Rogers, I would have to believe fair use comes into play here.

Offline

 

#21 2008-06-18 16:48:57

rcade wrote:

It is kind of a shame that Cruel.Com didn't become the thing that nearly got me sued.

Well it wasn't for lack of trying I'll tell you that much.

Offline

 

#22 2008-06-18 17:26:46

Taint wrote:

During my years as a reporter, I don't think I could begin to count the number of AP feeds I added to for local context

News reporting begins and ends with attribution. He said, she said.

The Associated Press conceded in a statement released earlier today, "We've fired any remaining editorial staff who betrayed any competence at all and we've doubled the size of our legal staff."

See how it works?

Offline

 

#23 2008-06-18 18:21:24

Even Michelle Malkin is on your side ...

Is it wrong to say that every time I see Malkin on TV I have the strongest urge to correct her? That's one steaming hot pundit. I don't care if she's bad for the country.

Offline

 

#24 2008-06-18 18:50:09

choad wrote:

The Associated Press conceded in a statement released earlier today, "We've fired any remaining editorial staff who betrayed any competence at all and we've doubled the size of our legal staff."

See how it works?

What is your attribution?

Last edited by pALEPHx (2008-06-18 18:50:34)

Offline

 

#25 2008-06-18 21:20:38

pALEPHx wrote:

choad wrote:

The Associated Press conceded in a statement released earlier today, "We've fired any remaining editorial staff who betrayed any competence at all and we've doubled the size of our legal staff."

See how it works?

What is your attribution?

Don’t call further attention to Choad’s unpaid use of AP’s material; it could result in his being sued!

Offline

 

#26 2008-06-18 21:30:01

rcade wrote:

Even Michelle Malkin is on your side ...

Is it wrong to say that every time I see Malkin on TV I have the strongest urge to correct her? That's one steaming hot pundit. I don't care if she's bad for the country.

Yeah, I'd like to correct her.  With 8 inches of my steaming beef down her throat.  After it's been up her anchor-baby ass.

Offline

 

#27 2008-06-18 22:17:55

fnord wrote:

Don’t call further attention to Choad’s unpaid use of AP’s material; it could result in his being sued!

Well, that's my point, really. Not that Choad should be sued, obviously, but that the AP--which is generally regarded as one of the primary "wire services of record"--has more people on the ground across the world. Does that mean they 'own' every incident to which their manpower bears witness, as if all news is a private event and the mere communication of occurrences is something that now bears a fee?

In a way, they have the right idea, but it's too soon for its time. If they think bloggers are really the forefront of newsgathering and dissemination, they're barking at ghosts. A very limited number of blogs 'break' news, but rather have witnesses with their brand of slant at coordinated events (consider Wonkette, which essentially avoids AP-lagiarism by rewording everything in a snarko-sensationalist manner). A blog can still post conjecture without independent verification and not fear retribution...only potential loss of readership. The better blogs are, indeed, being run like mini news agencies, but they still can't claim the same captive audience that the Associated Press has developed.

The penultimate idea, I suppose, is that they don't create news, or even relay it in an original fashion. Trying to group themselves with a different arm of the publishing industry is going to cause them not to improve, but to implode. On the bright side, the adverse name recognition they've given sites like Little Green Footballs is probably worth its weight in reader gold.

Offline

 

#28 2008-06-19 00:17:57

rcade wrote:

Because of the press attention, I've been approached by the EFF, Stanford Fair Use Project, *and* Public Citizen if this dispute goes to court. I'm pretty sure it won't, though.

It is kind of a shame that Cruel.Com didn't become the thing that nearly got me sued. Score one for the Retort users.

I'll make sure you're also approached by the Mexican Mafia and the Klu Klux Klan.   At the same time.

Offline

 

#29 2008-06-19 02:08:43

I have to admire rcade's skill in using the same jiu-jitsu here that he used against Dave Winer.

Offline

 

#30 2008-06-19 03:45:13

rcade wrote:

It is kind of a shame that Cruel.Com didn't become the thing that nearly got me sued.

Well, the AP wasn't exactly our favorite source, but Cruel was truly a bastion of free speech.  You exemplified it with your hands-off style of moderation... there was almost no line we weren't able to cross without being censored.  I tip my asshat to you sir, and hope the AP winds up having to clean your hindquarters with it's corporate tongue.

Offline

 

#31 2008-06-19 16:40:14

http://www.latimes.com/news/opinion/edi … 8124.story

LAT gets in the act.  And, I hate METALLICA.  Fuckwits.

Rcade, hope all of this plays out well for you.  BTW.... why don't you freshen up Retort a bit?  It looks old, and tired.

Just Sayin'.

Dusty

Offline

 

#32 2008-06-19 21:42:12

As I was reading a post by Pale with a link to Reuters, I noticed they're encouraging blogs to link to their site.

Offline

 

#33 2008-06-19 21:47:08

Taint wrote:

As I was reading a post by Pale with a link to Reuters, I noticed they're encouraging blogs to link to their site.

If you open a story on the http://associatedpress.com website and click Post, you can embed any AP story on your website, too.

Offline

 

#34 2008-06-19 22:06:08

some guy says the Retort was posting full AP stories without attribution.

I do not, however, see a smoking gun so whatever.

Offline

 

#35 2008-06-19 22:27:27

jesusluvspegging wrote:

some guy says the Retort was posting full AP stories without attribution.

I do not, however, see a smoking gun so whatever.

What a douche.  If we take his story at face value, he things AP is getting a bad rap because this was the timeline:


     
  1. Somebody posted one or more full AP stories instead of posting excerpts.

  2.  
  3. AP issued a takedown notice.

  4.  
  5. Rcade looks at the content and sees that it is indeed copyright infringement and takes it down.

  6.  
  7. AP starts issuing takedown notices for things that clearly fall under the fair use exception.

  8.  
  9. Rcade puts a post on his blog and seeks the help of the Media Bloggers Assn.

  10.  
  11. Hilarity ensues.



Somehow in this guy's mind that means

It is very important that people understand this because it makes clear that the AP is not on some wild rampage through the blogosphere, lawyering up to to go after every blogger who quotes an AP story in any way. Yet that is how this story has been portrayed including by a lot of people who should know better but are having too much fun bashing AP.

I couldn't disagree with him more.  The AP already had a history with Rogers and knew that he would cooperate on issues of copyright infringement, but it's when they started trying to ratchet up the standards in an attempt to get around the fair use exception they got a well-deserved rogering of their own at the hands of the Internet-using public.

Robert Cox can choke on a bag of his namesake (unless he's into that sort of thing).

Offline

 

#37 2008-06-19 22:52:10

tojo2000 wrote:

The AP already had a history with Rogers and knew that he would cooperate on issues of copyright infringement

At the risk of offending many of you, horseshit.

Drudge usually seems to run on autopilot and its inmates often appear to have - how do I say this tactfully? - shit-for-brains. I've never quite understood why but Drudge attracts tards who make the lamest of our own provoceteurs Einsteins by contrast. Only time I've seen verbatim thefts here, or previously on cruel, is when they're located behind tedious registration walls. And most of y'all, I've noticed, consider it a matter of pride to find gems in the rubbish that passes for news and at the very least, rewrite the lede.

I'm thrilled rcade prevailed but let's not take leave our senses.

Last edited by choad (2008-06-19 23:37:08)

Offline

 

#38 2008-06-19 23:04:12

choad wrote:

tojo2000 wrote:

The AP already had a history with Rogers and knew that he would cooperate on issues of copyright infringement

At the risk of offending many of you, horseshit.

Drudge usually seems to run on autopilot and its inmates often appear to have - how do I say this tactfully? - shit-for-brains. I've never quite understood why but Drudge attracts tards who make the lamest of our own provoceteurs Einsteins by contrast. Only time I've seen verbatim thefts here, or previously on cruel, is when they're located behind a tedious registration walls. And most of y'all, I've noticed, consider it a matter of pride to find gems in the rubbish that passes for news and at the very least, rewrite the lede.

I'm thrilled rcade prevailed but let's not take leave our senses.

I didn't claim that nobody violated copyrights (in fact I specifically said that they did, but I was confining it to the timeline put forth by Mr. Cocks), but the essence of what the DMCA covers is the responsibility of the site owner to respond immediately when confronted with copyright infringement, not that none of the users infringes.  Are you saying that Rogers has a history of not taking things down when confronted by copyright owners?

Offline

 

#39 2008-06-19 23:08:08

tojo2000 wrote:

Robert Cox can choke on a bag of his namesake (unless he's into that sort of thing).

If i've inadvertently started some kind of "meme" then i apologize profusely.

Offline

 

#40 2008-06-19 23:25:43

jesusluvspegging wrote:

If i've inadvertently started some kind of "meme" then i apologize profusely.

I'm sure I'll feel the same way if I ever have children.

Offline

 

#41 2008-06-19 23:30:21

choad wrote:

tojo2000 wrote:

The AP already had a history with Rogers and knew that he would cooperate on issues of copyright infringement

At the risk of offending many of you, horseshit.

Horseshit?

Offline

 

#42 2008-06-19 23:33:57

tojo2000 wrote:

Are you saying that Rogers has a history of not taking things down when confronted by copyright owners?

Nope but a history of indifference to its posting, yes. I'm guessing that will change now. For the record and far as I know, high-street's only had one copyright infringement complaint and I never actually saw it.

Offline

 

#43 2008-06-19 23:39:02

choad wrote:

tojo2000 wrote:

Are you saying that Rogers has a history of not taking things down when confronted by copyright owners?

Nope but a history of indifference to its posting, yes. I'm guessing that will change now. For the record and far as I know, high-street's only had one copyright infringement complaint and I never actually saw it.

I suppose.  It's definitely easier to be vigilant after the takedown notices have started.

Offline

 

#44 2008-06-19 23:46:38

tojo2000 wrote:

jesusluvspegging wrote:

If i've inadvertently started some kind of "meme" then i apologize profusely.

I'm sure I'll feel the same way if I ever have children.

If I ever get a girlfriend again, you're all invited to my vasectomy party.

Offline

 

#45 2008-06-22 09:51:23

choad wrote:

Nope but a history of indifference to its posting, yes. I'm guessing that will change now. For the record and far as I know, high-street's only had one copyright infringement complaint and I never actually saw it.

In 10+ years of web publishing I had never received a DMCA takedown or similar copyright-related legal demand until AP contacted me last month. I wasn't indifferent to full-text copying on the Retort, and had on several occasions told users directly to stop doing it, but the DMCA and CDA give safe harbor to web hosts who do not exercise prior restraint on their users.

When the AP contacted me, I added code to my site that makes it easier for me to spot full-text copying when I'm considering stories for the front page. I also made an announcement to users without naming AP:

http://www.drudge.com/news/107676

I figured that would be enough, but their lawyers decided to use the DMCA to press their belief that short excerpting is not fair use. I remain amazed that they didn't realize how that would be received publicly by bloggers and others who hate the DMCA.

Offline

 

#46 2008-06-22 13:25:46

rcade wrote:

I figured that would be enough, but their lawyers decided to use the DMCA to press their belief that short excerpting is not fair use.

I wonder what their stance is on APA/MLA formatting for other kinds of publications, which can involve quotes, or "[data] retrieved on" dates from webpages and other online resources. Are they going after a polysci dissertation next? In my thinking, the individual authors/reproducers don't benefit from the copy they reprint, but a website owner--or journal publisher--might indirectly profit from this added content (if there is any advertising, or paid membership). Though the harm in "snippet quotation" is negligible, I think they're looking for the same sort of money grab as the RIAA or MPAA.

Offline

 

#47 2008-06-22 13:50:13

rcade wrote:

choad wrote:

Nope but a history of indifference to its posting, yes. I'm guessing that will change now. For the record and far as I know, high-street's only had one copyright infringement complaint and I never actually saw it.

In 10+ years of web publishing I had never received a DMCA takedown or similar copyright-related legal demand until AP contacted me last month.

Please forgive my insulting tone. My local office holding felons have my head in a vicegrip and everything squeezes out sour. Probably no better anywhere else but this is home.

The takedown demand high-street received concerned a publisher's naughty images, as you might expect from our deviants.

I'm not optimistic, regardless, so enjoy it while you can, guys. See anything questionable, please push it out of view first and we can always chew it over later.

Offline

 

#48 2008-06-23 09:01:03

Please forgive my insulting tone. My local office holding felons have my head in a vicegrip and everything squeezes out sour. Probably no better anywhere else but this is home.

No need to hug this out. I would be disappointed with any other tone coming from High Street. Don't make the mistake I did and grow soft in your old age.

Incidentally, the social news site Reddit recently went open source:

http://code.reddit.com/

That's a pretty good format for users posting links and letting the best stuff -- defined by a community's standards or lack thereof -- rise to the top.

Offline

 

#49 2008-06-23 11:53:10

Rcade, again.... clean it up, put some pics on it.  You'll be surprised at the leap in usage.  heh.

D

Offline

 

Board footer

cruelery.com