We need to keep the focus on Rogers Cadenhead and Fair Use
So Kos uses his blog, just like Michelle Malkin, to parachute on the AP controversy and call himself a hero. In the post not only does he quote an AP article (something I had done earlier that day for fisking purposes), but proceeds to dump on both Rogers Cadenhead, Bob Cox and Ron Coleman for having the temerity to talk with the AP about guidelines :
"The dumbasses at the Media Bloggers Association, of course, are walking right into that meeting because they crave nothing more than creating the impression that they, you know, represent bloggers (they don't)."
This, mind you, after the fact that Rogers had asked for those guidelines. Here's the back story :
- Rogers get C&D by AP. In the C&D there were people posting articles from the AP in their entirety with no comment, no fisking.
- Rogers takes down does articles.
- AP comes back and says it's not enough. They want EVERYTHING from their service taken down. Even short, contextual quotes.
- Knowing this indeed would have fallen into Fair Use territory he asks for clarification.
- Irene Keselman, a lawyer for the AP responds saying that anything more than 5 words has to be licensed.
- Rogers emails people asking for leads on how to deal with this situation.
- I tell him to go to the Media Bloggers Association and deal with Bob Cox since he's helped bloggers in similar situations.
- Bob mediates. Given his relationship with AP, a meeting (that should be happening tomorrow) is called to discuss Rogers' case and his request for clarification and guidelines.
- A boycott of AP is started.
- Saul Hansell writes a story that basically opens the floodgates for attacks, conspiracy theories and tinfoil hatism when he publishes that their meeting to discuss guidelines.
- People fail to remember one of the big online players that's to blame.
- An AP spin that gains further traction by an AP story that is published the next day : Jim Kennedy, the AP's director of strategic planning, said Monday that he planned to meet Thursday with Robert Cox, president of the Media Bloggers Association, as part of an effort to create standards for online use of AP stories by bloggers that would protect AP content without discouraging bloggers from legitimately quoting from it.
- I interview Bob.
- All the while Boing Boing reports that AP may well indeed be trying to force blogger to pay for the privilege of quoting them, starting with bargain basement price of $12.50 for the first 6 words.
That's basically the story.
It just mystifies me how most bloggers are reacting to the AP spin and then attacking Robert Cox when it should be the opposite. They should be questioning why AP is saying the meeting is about setting standards, when Rogers and Bob have announced the meeting is about taken care of Rogers problems with AP --problems that Rogers want to have solved in part by AP issuing in writing what exactly do they want.
Not only should the boycott not end, but bloggers should be focusing on how AP is coming after Rogers. They need to watch and learn because obviously he is being used as a case study, a fall guy, by the AP.
On the contrary, their attitude is that the MBA wants to talk for all bloggers and for that they should be smeared, punished and destroyed.
Unbelievable.
Blogs | Business | Copyright | Fair Use | Intellectual Property | Internet | Law | Politics | Technology | DMCA - Digital Millenium Copyright Act | Robert Cox | Rogers Cadenhead
The EFF doesn't to direct pro-bono work
So the issue is, who or what is going to help bloggers who can't have an IP lawyer on retainer?
Getting C&D is nothing to sneeze about. The only remedy at the moment is MBA. It's actually prompting me to look around and see if any law schools are taking on this kind of assistance.
Trouble of his own making
Liza,
Maybe the problem is this:
Who the hell goes out and creates a website called the "Media Bloggers Association" that nobody has heard of, and then posts on his site:
"AP To Meet With Blogging Group To Form Guidelines
Jim Kennedy, the AP's director of strategic planning, said Monday that he planned to meet Thursday with Robert Cox, president of the Media Bloggers Association, as part of an effort to create standards for online use of AP stories by bloggers..."
If this is just AP spin, why did I find it on the website in question?
post at MBA
Hi Sidney,
I agree that what you quote is disconcerting. I went to the mediabloggers.org site, and found it in their "MBA in the news" section.
It looks like they just quote directly from any news stories. So.. while they aren't agreeing necessarily, and those may be posted by an intern, they also aren't writing a post and disagreeing.
I think they seem a bit too into their own power and self aggrandizement, even as I appreciate the work Liza and others have said the MBA has done for her and others.
Posting those news quotes that are wrong is more self promotion and it doesn't sit well with me.
Liza,
Would you mind finding out why they aren't refuting these stories they are quoting from on their blog's news area?
Thanks,
mary
MBA on representation
Hi Sidney,
In this blog post here:
http://www.mediabloggers.org/robert-cox/backstory-on-ap-drudge-retort-is...
A final note, there has been a lot said about the absurd notion that the MBA thinks it is representing "all bloggers" or that the AP is "negotiating" with the MBA. Ridiculous. We were approached for help by Rogers Cadenhead and, as we have done hundreds of times over the past four years, responded by offering him pro bono legal counsel and to set up a direct dialog with the plaintiff to see if the dialog could resolve the problem. We represent A BLOGGER and achieving an outcome acceptable to that blogger is our goal. Any discussion about how AP could better communicate its view of what is and is not acceptable is important and useful but secondary to the primary issue of getting to resolution for the blogger we agreed to help.
In looking back as to how that notion got out there, I see The New York Times article which ran over the weekend. While the article was factually correct it mischaracterized what was going on in a way that caused a great deal of misunderstanding.
There is more in the post.. but he refutes it.
However, seeing the interface of the MBA's site, i can see how it would be easy to mistake the MBA in the News section as endorsement for the quotes. They might want to link the quotes to the blog post above.. to let people know the quotes are incorrect and they address them at a different part of the site.
mary
Thanks Mary,
You're on the ball with this one.
Go grrrl!
It was founded in 2005
they have nary a budget. it's a choice of spending it defending lawyers of promoting themselves.
Why don't you become a member, give your dues and help promote them? And if you are not a blogger, then give them a donation.
That'll be a start.





























Uncharted Waters
Even though my blog traffic tops 10,000 unique visitors per month, the mainstream media hasn't been a problem so far. However, as I publish more and more unique interviews with subjects who might be overlooked by the mainstream, I have a feeling that the situation will change.
The local press in Central Florida has been good to me so I am guardedly optimistic that the national and global press will be, too.