AP Files 7 DMCA Takedowns Against Drudge Retort 177
mytrip points out a blog posting by Rogers Cadenhead, author of the Drudge Retort blog, who says: "I'm currently engaged in a legal disagreement with the Associated Press, which claims that Drudge Retort users linking to its stories are violating its copyright and committing 'hot news' misappropriation under New York state law." An AP attorney filed six Digital Millennium Copyright Act takedown requests this week demanding the removal of blog entries and another for a user comment. The AP material they object to consists of snippets of from 33 to 79 words. Cadenhead claims his lawyer believes that all fall squarely within the province of fair use.
Re:My first suggestion (Score:5, Informative)
The AP Has Retracted Its Complaint (Score:5, Informative)
But the AP still doesn't really get it (if it can get away with destroying it, where "it" is "fair use"):
Re:Washington Post bans the AP (Score:5, Informative)
Re:It really doesn't matter.... (Score:4, Informative)
DUPE (Score:2, Informative)
Re:It is not Fair Use: (Score:4, Informative)
Whether quoting that much is fair use or not is going to depend on a lot more than just the words quoted themselves. Is the quoting commercial? Done for rebuttal purposes? Source-cited? How much of the total work is the quote?
These are factors that may not be easy to clearly decide except at trial.
Disclaimer: I have not seen the 7 cases cited in this story, so for all I know they could be clearly fair use, clearly not, or up for debate.
Re:Wow... (Score:1, Informative)
This is not the typical case. This guy is a rip-off. Kudos to the AP for going after him and taking the heat.
Re:what is the deal with "drudge retort"? (Score:4, Informative)
Err... no. Titles are not protected by copyright. URLs are not protected by copyright. Single words are not protected by copyright.
Re:Fair? (Score:4, Informative)
I've met Jim Kennedy (Score:3, Informative)
"It is more consistent with the spirit of the Internet to link to content so people can read the whole thing in context."
Believe me, this guy doesn't know the tubey thing from a hole in the ground. To see him preach on the 'spirit of the Internet' is preposterous. He doesn't get it, his colleagues don't get it, and really, there are few left there to get it (trust me, most of the 'good' software engineers have long since fled the AP).
It's sad to say, but what used to be the world's voice of freedom has devolved into back-biting, politicking disaster with a hemorrhaging business model.