I've tried to remain low-key about the Associated Press action against the Drudge Retort, a parody of the famous Drudge Report political Web site, but given the furor out there I think that a post on the topic is worthwhile. The AP has raised "takedown requests" claiming violations of the Digital Millennium Copyright Act (DMCA) and other laws in unlicensed use of its content in seven of the Drudge Retort's blog post. Not only is the Drudge Retort being challenged on its own use of AP's content but as well for people in comments sections that quote paragraphs from AP content. The Drudge Retort's Rogers Cadenhead commented on the takedown letter on his own weblog and provided a summary of each of the takedown requests, citing the examples.

Similar to the lawsuit raised by AP against Moreover for their use of AP headlines and ledes to provide links to AP content the concern of AP seems to center on the use of headlines and ledes as copyrighted content. Unlike the AP/Moreover suit, though, this takedown letter focuses on only seven items rather than a bulk use of AP headlines and ledes. And unlike the AP/Moreover suit, some of the headlines on the Drudge Retort site were not AP headlines but headlines rewritten by the site's staff. Also notable was that the sections of text from AP stories were quite small. In all of the sections posted by the Drudge Retort itself they were either just a lede sentence or a lede plus a quote from someone at a public event.

The Drudge Report appears to have complied with the takedown order and AP's Jim Kennedy promises guidelines for bloggers using AP content, but awareness of it spread quickly through social bookmarking services and weblogs and has ignited a widespread reaction from major bloggers and mainstream commentators. TechCrunch's Michael Arrington offered one of the stronger statements, claiming that his prominent weblog would no longer reference AP content. Others were more inflamed in their rhetoric, including this gem from Matthew Ingram:

I don’t want to be accused of succumbing to Godwin’s Law, but I would argue that a dialogue with the AP has about as much chance of being “constructive” as Chamberlain’s discussions with Hitler over the fate of eastern Europe.

The New York Times' Saul Hansell tries to steer a calm course through the AP challenge in their Bits blog but in the era of sub-millisecond delays of information transition used to power most large-scale trading of financial securities his citation of the century-old "Hot News" New York statute is shaky at best. If someone is linking to a story that's already minutes, hours or days old on the Web, much less in investment banks, how "hot" can that news be? And since to get the story in full one must still go to the licensed source, the licensed source is going to benefit financially from more public awareness of their having a story available.

The clear benefit of inbound links and short, fair use-style citations can be seen in the impact that social bookmarking has had on AP licensors. Looking at the data at right from Compete.com, news Web sites that are major licensors of AP content do not appear to have been harmed by the growth of social bookmarking sites such as Digg, which provide similar small snippets of content and headlines from AP and other sources. In fact, one could argue by such a trend that much of the growth at news sites in recent years has been due to the attention that weblogs and social bookmarking sites have paid to their content. Social media is the news world's best friend at this point, providing an editorial capability that curates high-value content from professional media organizations that would otherwise be ignored.

But the real point seems to be whether AP can gain financially from this exercise. Facing a dwindling number of mainstream media companies available to purchase its content AP its struggling to come up with a way to build a broader base of revenues in an environment in which their audience has become a far greater source of content curation than their traditional client base. Whatever the validity of AP's legal citations - they seem to be to be quite weak and awaiting only a decent lawyer in opposition to them to have them swept away - they are alienating the very marketplace that is driving growth for their existing licensors at a time when that marketplace needs AP content less than ever before. It is all too unfortunately like the RIAA-led lawsuits against consumers of online music, which have done little to change the fate of music publishers who have lacked a coherent marketing strategy to deal with the power of online music consumers to drive both tastes and sales.

As valuable as AP content may be, for most news stories that people will link to and comment upon online there are readily available substitutes from other wire services. AP's position as a service bureau complicates their ability to counter the power of proprietary wire services such as Reuters and Agence France-Presse, but clearly the problem is one of having only so many popularly-tracked newsworthy events to cover that will result in real "hot news" that others lack. In the meantime weblogs and other emerging publishing outlets are creating new sources of news and newsworthy opinions that could be syndicated by AP into their distribution network far more aggressively.

From a marketing perspective the real issue for AP, like the music business, seems to be far less about protecting an existing product line and far more about what needs to be done to rethink both the product line and the marketing rationale for the core product. Instead of resorting to lawsuits and takedown letters as a primary strategy to enforce the value of AP content on the Web, tactics that could create both legal confusion and a potential dilution of the value of the AP brand in the eyes of consumers, AP needs a "win-win" strategy that looks upon the drivers of economic value in online publishing more realistically - and that begins to incorporate new sources of content worth distributing to its worldwide subscribers and more valuable services.

A more refreshing approach to the opportunities available from social media is definitely in order. Simple example: instead of thinking about charging people for using AP headlines, why not PAY people for the click-throughs that they bring to subscriber content and charge higher rates to subscribers for the service? Hmm, maybe those bloggers are pretty good folks after all.
In the meantime, perhaps that nice linear relationship between social media growth and sites using AP content may not be looking so linear for a while.

Labels: AP, blogs, copyright, DMCA, drudge retort, fair use, michael arrington, News, techcrunch

The Associated Press' position in the news world is in some ways stronger than ever, building on both traditional newspaper portals and the growth of online-only news venues such as Yahoo, Google and social news outlets. But it's also a challenge for AP and other wire services to define a path towards long-term growth as the variety of outlets that can generate and distribute news on the Web outside of their purview accelerates. An earlier lawsuit against Google for their use of news from AP on member sites yielded a settlement in AP's favor, so it's no surprise that AP is trying again with a new lawsuit against Moreover, Verisign's content mining service for media and enterprise clients.

In the AP statement on the suit AP notes that AP discovered the extent of Moreover's practices while negotiating with it to provide content management services to the AP's members. Oops. The main bone of content seems to be that, like Google, Moreover is fairly efficient at harvesting news from AP from member sites for its clients, claiming that headlines could be appearing in Moreover within two minutes of their hitting a news Web site. This hits a little too close to AP clients who want to be the source for breaking news headlines. Adding to AP's perceived pain is Moreover's revenues gained from ad-supported and subscription services, including what AP claims is Moreover's use of story texts and photos.

Cleverly the suit claims that Moreover's uses of headlines violate fair use laws by merely copying them instead of transforming them into a unique form and format. Given that fair use is used primarily for publications to use limited direct quotation of sources in news articles and other original works this seems like a stretch at best in relation to fair use law. By this definition any page of search results would be suspect, even though one could argue that each page of search results represents an original work of authorship through its organization of content into a unique compilation as proscribed under U.S. Copyright law. Search engine companies have been reluctant to test this concept in courts, however, as globally the interpretation could vary significantly. So this type of threat has been an effective tool for brining technology companies to the bargaining table for AP.

Although AP's suit covers no apparent new legal ground it's use as a negotiating tool targeting a content harvesting company is an important new wrinkle. Although Web mining technology is in many ways little different than search engine crawlers its use to build applications beyond mere search results means that more value-add applications based on these technologies are becoming targets for copyright enforcement. It opens up many questions for both Web miners and providers of mashups and embedded content services. Services such as Sphere, which serve up embedded link references through its own crawling services, have become very popular with publishers trying to provide value-add content links to their sites, and these could become potential targets for AP-like lawsuits as well. Notably AP is targeting relatively mature businesses but with its use of the Attributor content tracking technology any service could become a target potentially.

While AP may have some legitimate foundations to their concerns at the end of the day this is yet another company with distribution at the heart of their content business model struggling to understand how to position itself in a marketplace where distribution is in essence a free service. Like music publishing companies trying to position the value of their services for potential clients AP's aggressiveness in monitoring and pursuing potential copyright infringement provides them with a legal enforcement angle to their content licensing services that can help to justify premium prices for their services. But also like music publishers may come a point when the talent recognizes that they're pretty good at making money without distribution-oriented middle men.

But AP is far smarter than music publishers in pursuing licensing deals through their surveillance efforts with companies that are likely to be able to pay in proportion to the commercial value of their services. Notably Moreover was an early entrant into content harvesting so its relatively mature base of enterprise and media clients gives AP a reasonable target to pursue that's more likely to settle on commercial terms than to go to the mattresses to defend matters on principle alone. In this sense AP is approaching situations like the Moreover suit as a rather aggressive business development effort - one that's not likely to endear AP content to the burgeoning embedding industry but one that may have some commercial effect for now but which may erode interest in AP as a business partner over time. In the meantime the stage is still wide open for virtual aggregation services that manage copyright issues effectively for both enterprise and media services to keep suits like AP's from becoming licensing nightmares.

Labels: aggregation, AP, copyright, fair use, harvesting, legal, mining, Moreover, suit

Reuters covers the licensing of content by Google from four major wire services, including Britain's Press Association, Canadian Press, Agence France-Presse and the U.S.-based Associated Press. On one level this is a very typical licensing deal equivalent to those inked by other major portals such as Yahoo, MSN and other outlets - and in fact Google had licensed rights to these content sources earlier in some instances but had not hosted their content. But the deal takes on a far different dimension given that it's with the leading Web search engine - one whose ability to deliver advertising revenues to portals using wire services is an important driver for traffic.

While Google ranking algorithms will take into account the appearance of wire content in other sites the links from Google searches and portal pages will lead to Google itself - helping its own ratings and, presumably, for its own ad revenues eventually. The AP story claims that this will have a major impact on AP member sites using their content but at least one commenter on Poynter Online claims that "For the vast majority of newspaper.coms I know, wire story traffic is not a big factor, and revenues from AP pages barely, if at all,... For the vast majority of newspaper.coms I know, wire story traffic is not a big factor, and revenues from AP pages barely, if at all, cover the cost AP charges us for its CustomWire service." That may be true, but it's bound to hit those sites' overall traffic counts and referrals to other pages in their sites from wire content.

While newspaper sites will certainly feel some pinch from this move, the far larger losers in this deal will be the major portals such as Yahoo that rely on wire content for a significant portion of their news traffic and search engine referrals. With Google now playing by the same rules their relative lack of original news is bound to be yet another chink in their armor in the battle for ratings and advertising supremacy. At the same time wire services are looking at the diminishing fortunes of traditional news outlets such as newspapers and broadcast services and recognizing that they need to move more aggressively to build their brands online. In this sense Reuters has pointed the way for these wire services with its increasingly selective use of online syndication partners.

The biggest winner in this mix are the original news producers who are looking for stronger marketing of their content. From this perspective member-driven wire services such as AP are going to find themselves in a more advantageous situation as they continue to make it easier for their members to market unique content filed with AP into major outlets without having to hassle licensing deals. At the same time, though, these traditional news producers must become more adept at marketing their unique content directly via search engines, portals and social media services if they are going to continue to build the audience metrics that advertisers expect. Google's move places even more pressure on local news producers to come up with more viable strategies to engage their audiences in the contexts that they value most - and more opportunities for wire services to act as channels for those strategies.

Labels: AP, CP, Deals Partnerships and Sales, Google, News

AP reports on the new Microsoft Surface PC which provides a touch-friendly tabletop interface to a Vista PC - kind of like playing PacMan in a bar back in the 1980's, I suppose - but the real item that I wanted to highlight is that the link above goes directly to the AP site where an ad-supported version of the story can be found. That's right, AP.org provides a content portal platform for its syndication partners who want their AP content served up from AP's own host facilities. This is something that's not readily evident from the front page or site map of the portal, nor is it really exposed in search engines, but it's clear from the layout of this page that AP is now able to deliver a general news site comparable in general terms to Reuters and other wire services. AP's position as an association wire service prevents it from advancing this capability, no doubt, but it opens up some intriguing options for AP should it decide to deliver news more directly as a part of its business model. With destination portals losing market share and AP's content being embedded successfully in a wealth of mainstream and social media destination content sites, though, it's doubtful that AP really needs such a site to advance its current business goals. Ironically AP's positioning as a pure-play syndication service may have been the ideal positioning for it to weather the changing environment for monetizing online news.

CLARIFICATION: Jim Kennedy, AP Vice President for Strategic Planning, posted this comment:

I'm a great fan of Shore, but this post needs clarification. The "destination" portal you think you landed on is actually nothing of the sort.

Since 1996, AP has hosted general news pages for many of its subscribing members. The pages are generally branded for each member and carry each member's look and feel.

In this case, you found your way to an unbranded page, which we use for in-house and demo purposes.

No change in strategy here. We're not interested in creating a destination. We are doing just fine as a B2B supplier.

Thanks for the information, Jim, I understood this to be a service for AP members but I don't think that this came through clearly enough in the original post. I think that what happened is that one of your partners was using the hosted service with a frame and not a "skin", so it was easy to pop the article out of the frame and to see the hosted site in its demo form. I see this not as a budding strategy from AP but an interesting example of what AP could have done but did not do as a result of its positioning as a membership-driven syndication service.

Labels: AP, News, Trends