What's going on is this: Rogers Cadenhead received 7 C&Ds from the Associated Press, because he quoted from their articles in Drudge Retorted. My view in looking his quotes is that they fall absolutely under fair use (they are all within the range of a paragraph quotes from 39 to 75 words) per Saul Hansell of NYTimes.
AP has said: "when we feel the use is more reproduction than reference, or when others are encouraged to cut and paste" they will go after people, but Saturday, Jim Kennedy of AP backed off some and said the C&Ds had been heavy handed and they would review their blogger policy. And now, their executives have decided to suspend the earlier decision to go after people like Rogers Cadenhead due to links to their articles (um.. those bloggers were doing AP a favor linking..) and quotes. But at least according to other's reports, AP hasn't withdrawn the C&Ds from Rogers.
Jim Kennedy also said they want bloggers to use "summaries" of their articles, not direct quotes (huh? Fisking is impossible and quotes are key to getting at issues!) and therefore will keep the C&Ds in place because they "... feel the use is more reproduction than reference..."
I've been watching this with a lot of consternation the past few days.. I think AP is wrong here, and until they remove the C&Ds and agree that quotes are fair use, I think the blogosphere, and the IP crowd are right to push back and call for things like boycott.
Richard Kastelein of Atlantic Free Press created Unassociated press and has even come up with a badge for the boycott:
Culture Kitchen is reporting on the boycott here with a great summary of events.
Updated: Jeff Jarvis reports on the giant hole.Posted by Mary Hodder at June 16, 2008 07:14 AM | TrackBack