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News organizations settle suit against Web sites
businessweek.com ^ | July 25, 2008 | The Associated Press

Posted on 07/28/2008 2:34:59 PM PDT by Jim Robinson

Several newspapers and The Associated Press have settled a copyright infringement lawsuit against the operator of a collection of Web sites, the news organizations announced Friday.

The Police News Publishing Co., Breck Porter and six affiliated Web sites had been accused of accessing the news content of the organizations without their authorization and posting it on the Web sites, where advertising appears. The content was then archived; the archiving, publication, distribution and display of the content all violated the news organizations' copyright, according to the suit.

Porter, of Galveston, was the editor of the various Web sites.

In addition to the AP, the other plaintiffs were the Houston Chronicle, The Beaumont Enterprise, the San Antonio Express-News, as well as Hearst Corp., which owns all three of those papers. The Galveston County Daily News, The Brazosport Facts, The Baytown Sun and The Tribune of Bay City were also plaintiffs in the case.

Under a settlement agreement, Porter and his Web sites will only be able to copy the headline and up to the first two sentences of any stories from the newspapers. The Web sites can copy and publish only headlines and the first paragraph from AP stories provided to them by the news service.

All stories used by the Web sites must be attributed to their original sources and include a copyright notice and link to the original work.

(Excerpt) Read more at businessweek.com ...


TOPICS: Extended News; Free Republic; News/Current Events
KEYWORDS: ap; associatedpress; bloggers; copyright; fairuse; faq; fr; freepspeech; freespeech; lawsuit
Ok, we will lift the boycott against AP, but if you post AP material, be sure to stay within the "fair use" parameters. And the courts still have not defined fair use. Each case stands on its own. The way I understand it, we are allowed to quote from copyrighted material for news reporting and education purposes as long as we're not adversely impacting the copyright holder's market for their product.
1 posted on 07/28/2008 2:34:59 PM PDT by Jim Robinson
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To: Jim Robinson

So if we follow FR excerpt limits....we’re good to go?

Thanks....


2 posted on 07/28/2008 2:37:18 PM PDT by ButThreeLeftsDo (Tracking The "Flyin' Imams" Since 11/20/06)
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To: Jim Robinson

Noted. And bump.


3 posted on 07/28/2008 2:39:49 PM PDT by Jet Jaguar (Who would the terrorists vote for?)
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To: Jim Robinson
as we're not adversely impacting the copyright holder's market for their product.

Is exposing the author of an AP story as either a liar or a fool considered to be "adversely impacting the copyright holder's market"?

4 posted on 07/28/2008 2:39:56 PM PDT by KarlInOhio (Whale oil: the renewable biofuel for the 21st century.)
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To: ButThreeLeftsDo
So if we follow FR excerpt limits....we’re good to go?

Looks like it will have be even tighter than the normal excerpt limits - first two sentences, not first two or three paragraphs.

5 posted on 07/28/2008 2:40:27 PM PDT by dirtboy
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To: Jim Robinson

Thanks for the update.


6 posted on 07/28/2008 2:41:05 PM PDT by HAL9000 ("No one made you run for president, girl."- Bill Clinton)
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To: KarlInOhio

LOL. Ask Dan Rather.


7 posted on 07/28/2008 2:41:18 PM PDT by Jim Robinson
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To: dirtboy

We don’t have advertising.....


8 posted on 07/28/2008 2:41:38 PM PDT by ButThreeLeftsDo (Tracking The "Flyin' Imams" Since 11/20/06)
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To: Jim Robinson

I’d return the favor and start demanding shares of the revenue for directing traffic to their stories.


9 posted on 07/28/2008 2:44:24 PM PDT by steveo (Time flies like an arrow, fruit flies like a banana.)
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To: Jim Robinson
Dan is always so spot on.. lol


10 posted on 07/28/2008 2:45:09 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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I don’t really miss ap stuff personally.. the french agency is quite entertaining and reuters delivers as bad as ap ever did.


11 posted on 07/28/2008 2:47:10 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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To: Jim Robinson

Sorry for the dumb question, but what does “fair us” parameters mean?


12 posted on 07/28/2008 2:47:44 PM PDT by Kaslin (Vote Democrat if you like high gas prices at the pump)
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To: Kaslin

Damned if I know.


13 posted on 07/28/2008 2:49:35 PM PDT by Jim Robinson
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To: Jim Robinson

Two sentences and a link? Got it. BTT.


14 posted on 07/28/2008 2:51:44 PM PDT by Billthedrill
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To: Kaslin

It appears that “Fair” is within the eye of the beholder (or whomever has the cleverest lawyer$$$).


15 posted on 07/28/2008 2:55:34 PM PDT by Jim Robinson
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To: Jim Robinson

Aw heck, there goes the neighborhood!!


16 posted on 07/28/2008 3:02:09 PM PDT by Berlin_Freeper (Vote For McCain But Trust In The LORD.)
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To: Jim Robinson

While we are on the subject, any chance of getting a list of banned sources and excerpt only sources linked to the side bar? I’m seeing Getty images often.

The thread that is always referenced when this is brought up is unwieldy to use.


17 posted on 07/28/2008 3:15:25 PM PDT by Rebelbase (Black dogs and bacon bombs.)
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To: driftdiver
Here, check this out. Issue resolved.

I had merely sought to satisfy your overwhelming need for information about how we were handling AP.

But no, you wanted to take that as a personal attack.

Doesn't sound to me like you have the temperament yet to deal with serious matters of state. Maybe you should go back to Obama's staff!

18 posted on 07/28/2008 3:16:34 PM PDT by muawiyah (We need a "Gastank For America" to win back Congress)
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To: Jim Robinson

bttt


19 posted on 07/28/2008 3:17:31 PM PDT by stainlessbanner
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To: Jim Robinson
The Web sites can copy and publish only headlines and the first paragraph from AP stories provided to them by the news service.
All stories used by the Web sites must be attributed to their original sources and include a copyright notice and link to the original work.

Jim, am I reading this correctly regarding AP stories, where we can only post the headline and the first paragraph of the AP story? I see no problem with a putting a link to the story as we already do that, but what about the copyright notice?

20 posted on 07/28/2008 3:37:50 PM PDT by rawhide
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To: NormsRevenge
the french agency is quite entertaining and reuters delivers as bad as ap ever did

Good point! :)

21 posted on 07/28/2008 3:48:44 PM PDT by andyandval
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To: rawhide

Until the congress defines what they mean by “fair use” (or throws it out and returns the First Amendment to its proper place as the supreme law of the land regarding “news reporting”) then it’s up to whoever has the sharpest, most aggressive lawyers to decide.


22 posted on 07/28/2008 3:49:05 PM PDT by Jim Robinson
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To: muawiyah

“I had merely sought to satisfy your overwhelming need for information about how we were handling AP.”

If you read the posts then you would know where my stance was. I started out giving the poster a hard time for starting the thread in the first place.

I then insulted the AP.

You started out with a personal attack and a condescending manner due to your inability to comprehend basic english.

Oh and read my tag line before you accuse me of being on Obama’s staff. As it is I have no more time to waste with your petty insults and arguments. As I requested before, please don’t post to me. I will return the courtesy.


23 posted on 07/28/2008 4:22:54 PM PDT by driftdiver (No More Obama - The corruption hasn’t changed despite all our hopes.)
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To: Jim Robinson

A Freeper a long time ago posted an idea that I liked. Just post the headline and we all just made up liberal points as to what probably was in the story. After a day or two, someone e-mails the entire thread to the liberal source.


24 posted on 07/28/2008 4:40:37 PM PDT by Mark (Don't argue with my posts. I typed while under sniper fire..)
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To: Jim Robinson

so, was there or was there not a copyright infringement ?


25 posted on 07/28/2008 6:24:32 PM PDT by stylin19a
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To: steveo

And that is the point. While the AP (and so many other “news” organizations) want to complain about lost revenue, they completely ignore what I believe amount to millions of hits when their material is posted on other sites such as FreeRepublic.

Google scores every time they redirect to a sight that is commercial in nature - because the redirect shows where it is from.

Thus, the AP and others can directly track where their hits come from. But you can bet they won’t keep track for anything except to see if we all comply with their “fair use” bologna...


26 posted on 07/28/2008 6:25:15 PM PDT by TheBattman (Vote your conscience, or don't complain about RINOs!)
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To: Jim Robinson

bumped


27 posted on 07/28/2008 8:26:46 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: driftdiver

You weren’t attacked. No doubt you imagined you were.


28 posted on 07/29/2008 10:39:34 AM PDT by muawiyah (We need a "Gastank For America" to win back Congress)
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To: Jim Robinson
Does this mean we should stop satirizing Ass Patootie articles?
29 posted on 08/01/2008 11:55:51 AM PDT by Fichori (Obama's "Change we can believe in" means changing everything you love about America. For the worse.)
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To: Jim Robinson
Of course, it was the AP who took the photo of obamamessiah talking to troops in Kuwait, and then allowed the Army Times to use it with the caption "Obama Speaks to Troops at Bagram Air Base".

Blackfive caught it

Note the girl in the orange t-shirt.

30 posted on 08/02/2008 8:49:58 PM PDT by concretebob (Don't assume I'm on your side.)
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To: Jim Robinson

** The Web sites can copy and publish only headlines and the first paragraph from AP stories provided to them by the news service. **

So is this the rule, Jim? Or can we use excerpt?


31 posted on 08/02/2008 9:02:37 PM PDT by Salvation (†With God all things are possible.†)
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To: Salvation

See my post #1 above and I answered a few questions to the best of my ability later in the thread.


32 posted on 08/02/2008 9:05:13 PM PDT by Jim Robinson
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To: Mark

**A Freeper a long time ago posted an idea that I liked. Just post the headline and we all just made up liberal points as to what probably was in the story. After a day or two, someone e-mails the entire thread to the liberal source.**

What a hilarious fete that would be!


33 posted on 08/02/2008 9:06:16 PM PDT by Salvation (†With God all things are possible.†)
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To: Jim Robinson
All stories used by the Web sites must be attributed to their original sources and include a copyright notice and link to the original work.

Okay, I understand attribution and link to the original work. We've always done that on FR, so no question there. But, exactly what would constitute a copyright notice for AP?

34 posted on 08/02/2008 9:14:20 PM PDT by lonevoice (John McCain was a Kinoki foot pad in the Reagan Revolution)
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To: Jim Robinson

bttt

Thank you for all your hard work!

Without FR... that GOP Revolt would not have happened yesterday.


35 posted on 08/02/2008 9:18:51 PM PDT by ConservativeMan55
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To: cgk; AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...

Obviously, I’m out of the loop, but there’s no reason for anyone else to be. Massive ping (829).


36 posted on 08/17/2008 1:51:26 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile hasn't been updated since Friday, May 30, 2008)
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To: SunkenCiv

Thanks! I was puzzled by seeing AP stories that didn’t get nuked.


37 posted on 08/17/2008 3:10:05 PM PDT by null and void (Barack zerObama - International Man of Mystery...)
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To: null and void

You’re welcome. I finally thought I’d better track it down, someone on a thread mentioned that it had been resolved, but didn’t send a link or anything.


38 posted on 08/17/2008 3:44:14 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile hasn't been updated since Friday, May 30, 2008)
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To: SunkenCiv
“Obviously, I’m out of the loop”

Welcome to the club. I know for a while now, we haven't been able to post more than a couple of sentences from AP I've been out of town in New Mexico. Bandelier is magnificent.

39 posted on 08/17/2008 5:24:34 PM PDT by wolfcreek (I see miles and miles of Texas....let's keep it that way.)
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To: wolfcreek

Bandelier NM? I’ve heard that one entered the charts pretty high, with a bullet.


40 posted on 08/17/2008 5:27:43 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile hasn't been updated since Friday, May 30, 2008)
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To: SunkenCiv

Thanks.


41 posted on 08/17/2008 6:43:39 PM PDT by Ernest_at_the_Beach (No Burkas for my Grandaughters!)
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To: SunkenCiv
It's very near Los Alamos and west of Santa Fe....Gorgeous country.
42 posted on 08/17/2008 6:45:34 PM PDT by Ernest_at_the_Beach (No Burkas for my Grandaughters!)
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To: SunkenCiv

Thanks.

I was wondering.

Will probably continue personal AP boycott for a little while just on GP.


43 posted on 08/17/2008 8:32:41 PM PDT by BenLurkin
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To: Billthedrill
Two sentences and a link? Got it. BTT.

The "two sentences and a link" rule is for sites that republish with advertising with intent to turn a profit. Free Republic is a "not for profit" organization and doesn't have any advertising. Still, stay within "fair use."

44 posted on 08/18/2008 1:11:59 AM PDT by FreedomCalls ("Frank Shoemaker would call this noise")
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To: Jim Robinson
"It appears that “Fair” is within the eye of the beholder (or whomever has the cleverest lawyer$$$)."

Spot-on!

Further I believe if the piece is exposed as being untrue and/or intended to "mislead" (Example: Dan Rather Memogate) then such is considered NOT "fair" (At least by Liberals and Socialists < /redundancy > )

45 posted on 08/19/2008 4:02:40 AM PDT by Mad Dawgg ("`Eddies,' said Ford, `in the space-time continuum.' `Ah,' nodded Arthur, `is he? Is he?'")
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