SCdem@MU vs. MUScoop - a law primer

[muwarrior87]

I think I'm the Blue Moon drinker in that group.

Served in one of these:

DAS BOOOOOOOT!!

[SCdem@MU]

I'm not saying that you're incorrect in your statement.  I'm just saying that a lot of other sites are doing what MUScoop is doing on a far greater scale, plus they're profiting from it.  Am I saying that because everyone else is doing it that it's okay?  Not at all.  But all of this sort of stuff is getting out between real lawyers in real courtrooms.

http://www.cjr.org/the_audit/relax_bloggers_the_ap_isnt_out.php

Jane Seagrave, who is the AP's senior vice president of global product development, specifically mentioned that they are going after sites that take and republish RSS feeds without their permission:

“We want to stop wholesale misappropriation of our content which does occur right now—people who are copying and pasting or taking by RSS feeds dozens or hundreds of our stories.” Seagrave tells me. “Are we going to worry about individuals using our stories here and there? That isn’t our intent. That’s being fueled by people who want to make us look silly. But we’re not silly.”

He also mentions that its not likely that the AP would go after individuals and bloggers who lift an article here and there, but that doesn't mean that they won't. However, it is fairly certain that they will go after sites that consistently republish entire articles.

I agree its not likely that the JSOnline would take MUScoop to court, its more likely that they would just email the moderators telling them to stop, but there is absolutely no reason why they couldn't.

As Chicos said its a big issue right now and how content is paid for and distributed online is going to fundamentally change in the near future (which could be a few months from now or a few years from now). If I were a webmaster, especially one that has an archive that runs over a year long of stolen articles, I would change my act sooner rather than later (especially since users in this thread say they would prefer links instead of entire articles).

Or I could continue to act oblivious to the changes that are happening to online content, ignore the advice of others, continue to steal content, and act surprised when I get served with a big fat lawsuit and have to send my kids to UW-Milwaukee instead of Marquette because I owe Journal Communications all my net-worth and more in damages.

I'm sure that Joel Tenenbaum didn't think that downloading 30 songs on KaZaa would cost him $22,500 per song or $675,000 total either.

The AP currently charges $2.50 per word for stories republished on the web (http://mashable.com/2009/08/02/associated-press/). So if we apply that to the latest JSOnline Blog entry you stole from Rosiak on Tony Miller, which is about 1,900 words you would owe Journal Communications $4750. Lets say that the average Rosiak blog is half that and you have illegally republished around 100 of Rosiak's blogs. That would put MUSCOOP on the hook for $200,000.

 

[🏀]

http://www.cjr.org/the_audit/relax_bloggers_the_ap_isnt_out.php

Jane Seagrave, who is the AP's senior vice president of global product development, specifically mentioned that they are going after sites that take and republish RSS feeds without their permission:

“We want to stop wholesale misappropriation of our content which does occur right now—people who are copying and pasting or taking by RSS feeds dozens or hundreds of our stories.” Seagrave tells me. “Are we going to worry about individuals using our stories here and there? That isn’t our intent. That’s being fueled by people who want to make us look silly. But we’re not silly.”

He also mentions that its not likely that the AP would go after individuals and bloggers who lift an article here and there, but that doesn't mean that they won't. However, it is fairly certain that they will go after sites that consistently republish entire articles.

I agree its not likely that the JSOnline would take MUScoop to court, its more likely that they would just email the moderators telling them to stop, but there is absolutely no reason why they couldn't.

As Chicos said its a big issue right now and how content is paid for and distributed online is going to fundamentally change in the near future (which could be a few months from now or a few years from now). If I were a webmaster, especially one that has an archive that runs over a year long of stolen articles, I would change my act sooner rather than later (especially since users in this thread say they would prefer links instead of entire articles).

Or I could continue to act oblivious to the changes that are happening to online content, ignore the advice of others, continue to steal content, and act surprised when I get served with a big fat lawsuit and have to send my kids to UW-Milwaukee instead of Marquette because I owe Journal Communications all my net-worth and more in damages.

I'm sure that Joel Tenenbaum didn't think that downloading 30 songs on KaZaa would cost him $22,500 per song or $675,000 total either.

The AP currently charges $2.50 per word for stories republished on the web (http://mashable.com/2009/08/02/associated-press/). So if we apply that to the latest JSOnline Blog entry you stole from Rosiak on Tony Miller, which is about 1,900 words you would owe Journal Communications $4750. Lets say that the average Rosiak blog is half that and you have illegally republished around 100 of Rosiak's blogs. That would put MUSCOOP on the hook for $200,000.

 

Dude, give it up.

[TallTitan34]

I'm guessing the very very crappy Journal Sentinel would go for a lower rate than the Associated Press.  Maybe $0.01 per thousand words if they are lucky.

[Skatastrophy]

I'm guessing the very very crappy Journal Sentinel would go for a lower rate than the Associated Press.  Maybe $0.01 per thousand words if they are lucky.

And don't forget that this is a blog that is distributed freely.  It isn't printed content that they charge for.

I am technically stealing all of the content that I read everywhere on the internet because I block all of the ads.  May baby jesus have mercy on my soul.

[ChicosBailBonds]

As I mentioned the other day, some major players plan on changing the dynamic and the first major shoe dropped today.  The internet is "free" notion is going to change and the companies that spent billions of dollars are going to protect their rights they paid so dearly for.

http://www.marketwatch.com/story/news-corp-swings-to-loss-on-charges-2009-08-05

[ChicosBailBonds]

And another

http://www.digitaljournal.com/article/277046

[Skatastrophy]

Reuters seems to have their head solidly on their shoulders.  I'm glad that someone called out the Associated Press for being a bunch of asshats in this situation.

http://www.webpronews.com/topnews/2009/08/06/reuters-please-feel-free-to-link-to-our-stories

[TallTitan34]

If the Journal Sentinal was so concerned over losing hits, they would either eliminate their RSS feed or incorporate ads as Hilltopper suggested.

This wouldn't fall on Scoop at all since the JS is one sending the info out via RSS feed.

[mu03eng]

Unless I'm greatly mistaken(which happens often so who knows), JSOnline would have to demonstrate that they attempted to prevent the "theft" of their content for the ToS to be enforceable.  For example, I work at a technology company with lots of patents, we have to follow ridge information control protocols because we have to show we are protecting our information to allow us to sue someone for using our info.  If JS is going to give it away, they can't come back and sue you for taking it later.

[ATWizJr]

I'm from the "if it ain't broke don't fix it" school so my advice to ScDem would have been to let sleeping dogs lie.

PS  Das Boot means, the boat, not the boot.

[Robyrd5]

PS  Das Boot means, the boat, not the boot.

It's also from the movie Beerfest.

[muwarrior87]

PS  Das Boot means, the boat, not the boot.

no scheiss sherlock. Ever seen Beerfest?? It wouldn't really make sense to say Das Stiefel, would it? no one would get that.

[ATWizJr]

no, I'm not 12 and have not seen Beerfest.  But, I know a boot from a stein dummkopf.

[muwarrior87]

wow, so you're going to the point of calling me a dummyhead and 12?? very mature.  I wasn't the only person to make the Beerfest reference and I'd hardly say calling me a prepubescent fits.  "Das Boot" is what they say in the movie when referring to the boot like drinking glass (not a stein which is technically made of porcelain or clay) that hilltopper posted a picture of earlier in this thread.

[ATWizJr]

wow, so you're going to the point of calling me a dummyhead and 12?? very mature.  I wasn't the only person to make the Beerfest reference and I'd hardly say calling me a prepubescent fits.  "Das Boot" is what they say in the movie when referring to the boot like drinking glass (not a stein which is technically made of porcelain or clay) that hilltopper posted a picture of earlier in this thread.
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but, I meant it in the nicest possible way.

[rocky_warrior]

Was just at an Octoberfest brew tapping party tonight (I know, a little early).  Nonetheless das bootnever made it to the table I was drinking at (though it was coming back for another round just as I was leaving).

[muwarrior87]

to counteract the dummyhead and 12 year old comment based on the most recent post from rocky...