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.
In 2011, the Canadian Conservative government rammed through Bill C-11, Canada’s answer to the US Digital Millennium Copyright Act, in which the property rights of Canadians were gutted in order to ensure that corporations could use DRM to control how they used their property — like its US cousin, the Canadian law banned breaking DRM, […]
In 2014, IKEA, the Swedish-based global furniture company, sent a cease-and-desist letter to a blogger by the name of Jules Yap. Yap ran the extremely popular website IKEAhackers.net, which helped people “hack” IKEA furniture into new, creative, and unexpected designs. The site was already almost a decade old when IKEA’s lawyers demanded that Yap hand over the URL. What follows is a case study from Superfandom: How Our Obsessions are Changing What We Buy and Who We Are.
When you can’t wait for the world’s longest meeting to end, the mindless leg bouncing makes your boredom obvious and just annoys everybody else. Everyone knows the TPS reports need the damn cover sheet, but some sadistic colleague keeps forgetting, probably on purpose just to eat into your lunch hour. Enough is enough!While serving a […]
What could be more fun than a slingshot that shoots tiny airplanes? A slingshot that shoots tiny glowing airplanes of course! These toy planes are outfitted with ultra-bright LEDs, so you can fly all night without losing them in the trees.Whether you are a regular-sized child, or an overgrown adult one, these light-up flyers offer […]
You know the drill. You go to the dentist and they ask you how often you floss. You lie through your teeth and say, “every day!” (Bonus points if you have some cilantro or chives stuck in your gums from lunch). You don’t want to keep up the charade any longer, but rubbing that tiny strand […]