Amid all the victories the blogosphere has had over the MSM, the Tulsa World newspaper appears to be fighting back. They have sent BatesLine, a Tulsa, Oklahoma based blogger, a cease and desist order (emphasis mine):
Dear Mr. Bates:
I am writing on behalf of World Publishing Company, publisher of the Tulsa World. We have recently learned that your website, www.Batesline.com, has reproduced (in whole or in part) articles and/or editorials from the Tulsa World newspaper or has inappropriately linked your website to Tulsa World content.
The Tulsa World copyrights its entire newspaper and specifically each of the articles and/or editorials at issue. The reproduction of any articles and/or editorials (in whole or in part) on your website or linking your website to Tulsa World content is without the permission of the Tulsa World and constitutes an intentional infringement of the Tulsa World’s copyright and other rights to the exclusive use and distribution of the copyrighted materials.
Therefore, we hereby demand that you immediately remove any Tulsa World material from your website, to include unauthorized links to our website, and cease and desist from any further use or dissemination of our copyrighted content. If you desire to use (in whole or in part) any of the content of our newspaper, you must first obtain written permission before that use. If you fail to comply with his demand, the Tulsa World will take whatever legal action is necessary to assure compliance. Additionally, we will pursue all other legal remedies, including seeking damages that may have resulted as a result of this infringement.
We look forward to your immediate response and cooperation in this matter. Please acknowledge your compliance by signing below and returning to me.
Sincerely,
(signed)
John R. Bair
Vice-President [sic]
Tulsa World
Before I get too far into this ridiculous letter, what the hell is “unauthorized linking”? It’s already been determined that hyperlinks are not a patented (or for that matter copyrighted) technology. In the case of linking, said offender is not even so much as “quoting” the source. They are merely pointing readers to the source.
But then there’s the “fair use” clause of copyright law:
Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials forpurposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist’s work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.
The gripe that Tulsa World has with Batesline has to do with repeated quoting of editorials and articles including sotires here and here. There is, of course, no legal basis for a complaint and is merely a feeble attempt by the main stream media to strong arm the new media. We can’t be bullied, guys. You quench one, another one will pop up.
Update:
- Swanky Conservative says “The Church just asked Martin Luther to recant
{ 4 comments }
Carol 02.18.05 at 1:00 pm
I’ve never understood the “unauthorized linking” thing, either. Suddenly you have to ask for permission to link to someone’s site? Umm..I don’t THINK so. Good grief — how incredibly time-consuming that would be, especially for bloggers who tend to use a lot of links.
Aaron Brazell 02.18.05 at 1:30 pm
I don’t think the MSM cares what is convenient to us. They are more concerned with silencing the blogosphere. We, as a group, have them in our crosshairs and have already taken down two major figures (three, if you count John Kerry - but he’s not a journalist and it might be a stretch to tribute Kerry’s loss to the new media). When Eason Jordan took a plunge, I watched visibly shaken anchors and news people all over the MSM and read the articles written after the fact. They are scared right now and they don’t like that.
Carol 02.18.05 at 2:00 pm
I’ve never understood the “unauthorized linking” thing, either. Suddenly you have to ask for permission to link to someone’s site? Umm..I don’t THINK so. Good grief — how incredibly time-consuming that would be, especially for bloggers who tend to use a lot of links.
Aaron Brazell 02.18.05 at 2:30 pm
I don’t think the MSM cares what is convenient to us. They are more concerned with silencing the blogosphere. We, as a group, have them in our crosshairs and have already taken down two major figures (three, if you count John Kerry - but he’s not a journalist and it might be a stretch to tribute Kerry’s loss to the new media). When Eason Jordan took a plunge, I watched visibly shaken anchors and news people all over the MSM and read the articles written after the fact. They are scared right now and they don’t like that.
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