A NY federal judge handed down a terrible ruling in AP vs Meltwater, which turned on whether providing a search-engine for newswire articles that showed the first sentence or two of the article was fair use. The Electronic Frontier Foundation's Corynne McSherry sums up many of the ways in which this judge got it wrong. We can only hope for an appeal and a better ruling.
Second, the court implicitly adopted AP’s dangerous “heart of the work” theory. AP contended that sharing excerpts of a news article must weigh against fair use if those excerpts contain the lede. The court stressed that the lede is “consistently important” and takes “significant journalistic skill to craft.” But that is beside the point – there is no extra protection because something is extra difficult. More important to the fair use analysis is the fact that (1) is primarily factual; and (2) contains precisely the information the user wishes to make known to others. As we explained in our amicus brief, this case illustrates why the heart of the work doctrine does not mesh well with highly factual, published, news articles. When it comes to news articles, an excerpt that is shared will very often be the most “important” aspect of the work – but that importance will derive from the uncopyrightable factual content, not the expression. It is not the “heart of the work,” but a piece of the factual skeleton upon which the expression hangs.
AP v. Meltwater: Disappointing Ruling for News Search
Timothy writes, “Diego Gómez is a Colombian conservation biologist. When he was a college student, he shared a single research paper online so that others could read and learn from it, just as he did. Diego was criminally prosecuted for copyright infringement, and faced up to 8 years in prison.”
The good people at Fight for the Future established OPERATION COMCASTROTURF to help you figure out if your stolen identity was used to file fake anti-net-neutrality comments with the FCC, but Comcast wants them shut down, and it’s prepared to commit barratry to get its way.
Every Ozimal digirabbit in the venerable virtual world Second Life will starve to death (well, permanent hibernation) this week because a legal threat has shut down their food-server, and the virtual pets are designed so that they can only eat DRM-locked food, so the official food server’s shutdown has doomed them all.
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