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Monday, January 26, 2009

Bloggers Beware - Another Lawsuit Storm is Brewing

I have serious doubts this case will make it very far (particularly since there's apparently a cross-complaint against the plaintiff alleging the identical wrongful conduct), but you should still watch it. In substance, when bloggers, news sites, etc., use headlines and leaders from third party sites as their own link points, it's now being called Copyright Infringement. Now if that ain't a crock...

First, I think it's fair use.

Second, I think it's inconsistent with the entire news-linking-web system of practice.

Third, it doesn't displace traffic to the underlying sites, it pushes traffic to those sites.

Fourth, simply because the linking party generates revenue from this business model doesn't mean it's wrong.

Fifth, I seriously doubt that the company filing the lawsuit has never done what they're complaining about.

Sixty, they will lose this case if it goes to trial.

Keep watch, my people.

~ Brock

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