June 18, 2008

Kos wants the AP to sue him.

If they've got to sue somebody.
Lots of blogs are calling for boycotts of AP content. Not me. I'm going to keep using it. I will copy and paste as many words as I feel necessary to make my points and that I feel are within bounds of copyright law (and remember, I've got a JD and specialized in media law, so I know the rules pretty well). And I will keep doing so if I get an AP takedown notice (which I will make a big public show of ignoring). And then, either the AP -- an organization famous for taking its members work without credit -- will either back down and shut the hell up, or we'll have a judge resolve the easiest question of law in the history of copyright jurisprudence.

The AP doesn't get to negotiate copyright law. But now, perhaps, they'll threaten someone who can afford to fight back, instead of cowardly going after small bloggers.
There's plenty of great commentary about the AP's crushingly stupid attempt to charge bloggers who quote them by the word, but I wanted to single out Kos here. He's the best. Not about everything. But about this thing.

UPDATE: This story is way more complicated than it looked when I wrote this.

AND: Hmmm.

35 comments:

John Lynch said...

Heh. I'll give Kos a hit for this one. I like it when someone I normally don't like does something cool.

Tagore said...

Well, sometimes being stupid and aggressive is a good thing. Charles Johnson ought to chime in next, as he shares many qualities with the Kosmeister.

Seven Machos said...

We can all agree that the AP is a bunch of silly Luddites. I mean, honestly. What were they thinking?

Palladian said...

I've certainly not read everything that Kos has written, but of the things that I have read, I can't recall ever admiring him or agreeing with any major point he's made. Except now. Bravo, used in its original sense to mean bold one!

Revenant said...

I can't recall ever admiring him or agreeing with any major point he's made. Except now.

I second that. Of course, it helps that he has so many Democratic Party connections.

MadisonMan said...

I don't fault AP for trying to find a way to make money, laughably wrongheaded though it may be. But I have to wonder about the lawyer who vetted this announcement. Is AP still paying for his or her services?

Bissage said...

I went over to Daily Kos and noted that some of the commenters append an italicized slogan or aphorism thingie after they’re done.

I thought that was kind of cool in a pretentious sort of way.

Mairzy dotes and dozy dotes and little lamsy divey.

Bissage said...

On second thought, maybe that was just nonsense. Let’s go for something all deepified and fully enpithicated.

Yo, my car (yo) it’s infinite. (ha ha) Big Willie styles all in it. Gettin jiggy wit it.

Bissage said...

That one was just right.

Where there is no vision, the people perish.

Bissage said...

Man, I could do this all day!

A little nonsense now and then is relished by the wisest men.

Bissage said...

But I'll be a good boy and stop now.

I'd rather have a bottle in front of me than a frontal lobotomy.

AllenS said...

I very seldom read anything from the Kos blog.

like a T on your BLT

Pogo said...

With newspapers dying, is there any business plan that would create sufficient profit to permit AP to survive?

Seems to me it needs to change its modus operandi completely. Becoming a singular source for trusted news seems possible. Their own news page, supported by advertising, licensing to TV/papers/online for content.

But the news business is undergoing major shifts, and the old way is quickly dying. Lawsuits won't forestall that. But remaining as biased as the AP has been will certainly immanentize that eschaton.

rhhardin said...

AP should write more stories of interest to women, is my suggestion for survival.

The Drill SGT said...

Kos is right about this one.


Even a stopped clock is right twice a day?

Fen said...

Bravo Zulu Kos. Make AP wimper.

Zeb Quinn said...

I have different take. The dead tree news industry may be suffering, but I don't believe AP particularly is. AP is up to something else, and whatever it is, you can bet it's part of their penchant for creating and massaging the news in furtherance of their leftist agenda in an election year. As such, Kos is dutifully playing his part. He won't be getting any wet kiss smooches from me, cooing about how way kewl he is. Sorry.

PatCA said...

Kos has a JD?! Is he licensed?

ricpic said...

AP is a Marxist Monopoly.

Corky Boyd said...

When Kathlen Carrol, Executive Editor of AP disdainfully stated "I don't read blogs" in response to criticism for their Lebanon photo coverage, her true colors showed. AP hates blogs. AP hates criticism.

They know we are cleaning their clock. They know their source of revenue, newspapers, are in a death spiral. Indeed newspapers are up in arms over AP fees themselves. It's not a happy time in APsville.

Their lawyers know the fair use doctrine, they rule on it daily. This is simply AP's way of striking back.

Stand firm.

rightwingprof said...

You go, Kos! And trust me on this, you won't hear me say that very often.

rightwingprof said...

"Mairzy dotes and dozy dotes and little lamsy divey."

Oh my God. I suppose I'm showing my age, but you realize that the words are "Mares eat oats, and does eat oats, and little lambs eat ivy," yes?

There's a site that's a collection of misheard lyrics. This would be a great entry there.

Pastafarian said...

I'm with Zeb on this one: Doesn't the fact that the AP and Kos are such close political allies make anyone think that Kos' defiance is either false, or facile, because he knows his ally wouldn't go after him?

Or am I being paranoid?

Bruce Hayden said...

I, too, almost invariably disagree with Kos, but here I am in 100% agreement. I also do it from a point of view of a JD, but in my case practicing IP, and not media, law (though there is obviously significant overlap between the two). Indeed, while I have a lot of familiarity with Fair Use, his is probably greater, given his practice.

Chip Ahoy said...

>pedantry alert<

Misheard lyrics = Mondegreens

>/pedantry alert<

Chip Ahoy said...

We can all agree that the AP is a bunch of silly Luddites. I mean, honestly. What were they thinking?

The must have been thinking if those new textile machines took hold and mechanization ever became widespread, they'd all be out of work for sure, or else become cogs in the grinding gears of industrialization and forfeit the quality of their lives. I believe that's what those silly Luddites were thinking.

Chip Ahoy said...

If this fvcking keyboard doesn't stop dropping the b and y I'm going smash it to bits with a cinder block. Either that or vacuum it out.

slattern23 said...

At least bloggers are admitting that they're almost entirely dependent on the hated mainstream media for content. God, how I'd love to have a dollar for every time I've heard bloggers like KOS complain about bias at AP. Now they're this vital resource that bloggers have a RIGHT to? Give me a break!

Joe said...

What the hell is wrong with AP anyway? Don't they know, they're supposed to bribe congress to change those silly, pesky laws? Better yet, get one of their reporters to run for congress and do their bidding. Sonny Bono/Disney copyright extension anyone?

Fen said...

At least bloggers are admitting that they're almost entirely dependent on the hated mainstream media for content.

Ya right. Keep stroking that strawman.

Revenant said...

Oh my God. I suppose I'm showing my age, but you realize that the words are "Mares eat oats, and does eat oats, and little lambs eat ivy," yes?

You are mistaken. The actual *title* of the song is "Mairzy Doats", and the actual written lyrics are nonsense.

The song was written as a sort of reverse mondegreen. Whereas the normal phenomenon is for sensible lyrics to be misheard as something nonsensical, "Mairzy" was written with nonsense lyrics designed to sound like something intelligible when sung.

Craig Landon said...

It'd be like suing your hot tub date from last night for a contract violation.

blake said...

At least bloggers are admitting that they're almost entirely dependent on the hated mainstream media for content.

No, not really. At least plenty of them seem to have no problem just boycotting the AP.

God, how I'd love to have a dollar for every time I've heard bloggers like KOS complain about bias at AP. Now they're this vital resource that bloggers have a RIGHT to? Give me a break!

Well, if you want to start a war on the Internet, just start trying to apply copyright law. (Or mis-apply, it hardly matters.)

Jimmy said...

Robert "I am not a lawyer" Cox substantially mischaracterizes the pertinent provisions of the DMCA, specifically DMCA Title II, a.k.a. DMCA 512, a.k.a. the Online Copyright Infringement Liability Limitation Act (OCILLA). Check it out for your self, 17 USC § 512.

Beldar said...

Kos lost the right to be called "the best" at anything when he made his "screw them" post. There are lots and lots of bloggers on the left who I can have a perfectly civil discussion with, but I've never seen him have one with anyone on the right. There are lots of bloggers on the left I'd gladly buy a round of drinks for, but Kos is one of the guys who I'm pretty sure I'd end up in a fistfight with before I left the bar that night.