Tobias Schlitt “freaked out” today about PHP Freak’s republishing of his blog feed. He publicly withdraws his implicit permission for PHP Freaks to republish content from his feeds.
This is an interesting area of law. Eric Goldman has an rundown of the issues.
In my mind, there’s no question that a blogger grants an implied license to the content in an RSS feed. However, because it’s implied, I’m just not sure of the license terms. So, in theory, it could be an implied license to permit aggregators to do whatever they want.
…
It is trivial to destroy an implied license, so bloggers can overcome any aggregator use simply by saying so. I’m not sure WHERE the blogger would need to say this (by the “syndicate” link? in the xml feed itself?). Perhaps any disclosure in any reasonable place would be sufficient to destroy the implied license.
So it would seem that Tobias has reasonably withdrawn his implicit license by placing the notice in the feed itself, as a post. The question of where a reasonable place to put such a notice is important. Since one can subscribe to an RSS feed without ever visiting the parent site, I think perhaps the only reasonable place for a terms of service for a feed is within the feed itself. Snow vs. DirectTV suggests that a warning isn’t necessarily enough to overcome an implicit license. Of course, I am not a lawyer so my interpretation may be flawed.
So what did PHP freaks do to incur Tobias’ ire? They republish content from RSS feeds and added advertising. I think adding advertising to aggregated content is perfectly legal. (I’m sure Google and Yahoo see things the same way when they place advertising in their web based mail readers.) However, phpfreaks uses an contextual advertising that replaces words in the content with advertising links, shades of the microsoft smart tags debacle. In PHP freaks’ favor they are very clear about attributing the source of their syndicated content and the fact that it is syndicated. Many aren’t. Additionally, the links are marked with a double underline and cause a hover box to appear which clearly labels them as advertising.
Still, I suppose one could make the argument that it is unclear who placed the advertising in the content, php freaks, or Tobias. For that reason, I think this form of advertising on third party content cross a line.
I am not anti-advertising in general. Advertising directly and indirectly pays many of my bills and I don’t begrudge someone else the opportunity to make a buck. I am also a publisher of copy righted content. And I’d rather that I made the buck off of my content than someone else. I think Tobias has the right to control the use of his material.
What do you think?
Feed
Subscribe to this blog…
I’m with you on this – I think adding advertising below an entry in a clearly marked fashion is legit. Changing the words in the content into links for advertising (even if visually it is clear that they are added) comes close to making a derivative work I think… Obviously with RSS the whole point is that users can use the software of their choice to read a particular feed (including using phpfreaks as an aggregator), I don’t think that implicitly people have the right to take and modify your content before redistributing.
Just to make it clear. I have no problem if anyone puts banners on the pages, where he aggregates my content. Advertisement on the web is quite necessary to finance free websites. But as you already said, with that kind of advertisment, they definitly cross the line.
So all in all, I’m fully with you!
I agree with Tobia’ reaction too. I aggregate soccer blog feeds and have been approached to put link text ads on the site but have refused. The blog author’s I have talked to don’t mind me running google ads on the site, but I think they would be more vocal if I was doing something that alters their content.
Readers are not stupid. I’m in favour of not publishing anything I don’t want to spread. It is the base of internet, put it online and let it live (with all pros and cons). Or maybe I’m still “old school”.
I think what also confuses the matter is that a copyright “license” generally does not circumvent copyright law or fair use laws. Many countries have “fair use” laws that allows you to excerpt or quote copyrighted material. In US law how much you can “legally” excerpt depends on “amount and substantiality of the portion used in relation to the copyrighted work as a whole”. Of course that sounds very subjective, doesn’t it?
It’s not that simple. PHPFreaks weren’t aggregating Toby’s feed, they were aggregating the feed from PHPDeveloper.org, who was simply quoting the post that Toby made on his blog.
So morally I agree with you, but legally I’m not sure if toby has any control over what he has already let PHPDeveloper publish.
Maybe it’s time for the RSS and Atom standards to be extended with a license tag (or is this already available? My knowledge of the standards is not that good).
If so, Tobias and anyone else could simply add a creative commons license to the feed. Better yet, for aggregating sites such as phpdeveloper, would be to be able to add a license to each post. If Tobias then, for instance, would choose a cc license that does not allow derivatives or commercial use, then he’d have a legal foothold against PHP Freakz. As some others mentioned before, in the current system there is probably no way that legal action can be taken so far. Morally, I definitely agree with what is said above. Advertising above, next to, or under syndicated content is OK. But advertising inside syndicated content by altering parts of the content crosses a lone.
I’m on Pierre here – all in all RSS is only what its’ name states: a really simple sindication that has its’ pros and cons. Putting a license into it would be an exaggeration.
Pierre wrote:
“Readers are not stupid. I’m in favour of not publishing anything I don’t want to spread.”
But i think Tobias wanted it to spread around the internet, thats why he hasn’t got any problems with PHPDev to spread it around. The thing is, he didn’t want it to be mixed with banner content, so noone can make the distinction between ads from the aggregating page, and ads from him.
Irrespective of whether it is right or wrong, it will be impossible to police. For example, my RSS gets aggregated into a feed by site (A), site (B) then syndicates the aggregated feed from site (A) and aggregates it with feeds from sites (C) & (D). Site (E) comes along and syndicates the aggregated feed from site (B) and adds advertising.
If my licence expressly forbids people from using my content with advertisements how do I enforce this? Do I tell site (E) not to add advertisement to RSS entries originating from my website or do I tell site (B) not to syndicate their aggregated feed to site (E)?
Maybe a stupid idea but what would happen if Toby would create links for every entry where the freaks would link to the provider? If they would still replace it they will have a legal problem I suppose.
Hans
Having pondered about this for a while, perhaps the solution is not to sindicate complete articles, but just a ‘taster’ with a link back to the original article…
Richard: Being syndicated across many sites would not be a problem, if there were a possibility to add a license to each post. As long as the site B) which syndicates the posts even further would also syndicate the associated license, then there would be no problem. In the case of Tobias, he would select a non-commercial, non-derivative license, and phpfreakz would be able to, based on the license, determine which posts they could alter to include advertising, and which posts they would have to show unaltered.
So, just so I’m clear on the subject.. I have a blog.. and by having it.. I’m giving unstated right for someone to see it and publish it elsewhere.. UNLESS I specifically post that I do not want it re-published elsewhere? Is that what I’m reading here?
[...] It is not illegal to republish, but content authors might not like it [...]
Well, it basicaly comes down to what the point of an RSS Feed is. The point of an RSS Feed is to allow others on the internet access to content from your site that you are happy to be re-used in some undefined manner. Individuals will use Feed Readers (which may be website or local application-based) to subscribe to feeds that interest them from around the ‘net, and to read that content away from the original website.
As was mentioned above – by placing content from your site into an RSS Feed, you are giving an implicit syndication license to it. Most sites only give the “header” of an article in the RSS Feed, along with a link to the complete article, to ensure that people come and visit their actual site. If you don’t want the content “syndicated”, don’t put the content in the RSS (syndication) feed, plain and simple.
However, I do agree on the moral aspect that if you *do* syndicate content from another person’s website, you should not be making any major changes past reformatting it to fit your own site.
At the end of the day, if you don’t want to make it appear as public domain material, don’t let it into your RSS feed. If you’re using automated blog software or – even worse – a community blogging site such as Blogger, then it might be syndicating your whole blog without you even knowing
The ideal RSS feed will tell people what your content is without “giving it away”, forcing them to come visit you to read it.
[...] 14th, 2009 · No Comments Here is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
[...] Here is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
[...] is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
I disagree.
[...] is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
The RSS feed fails with the web browser (google chrome) how can i deal with it?
Awesome idea, I completely agree. I plan to install Feed Copywriter and will also point it out to anyone looking for info on RSS
Pickup trucks
[...] is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
If you don’t want the content “syndicated”, don’t put the content in the RSS (syndication) feed, plain and simple
[...] is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
[...] is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
[...] is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
[...] is a blog post about a the legalities of someone republishing his feed. Here is more on the RSS and Copyrights [...]
very cool site. Gave me a a lot better comprehension a financial system. Appreciation buddie
Do you have a spam issue on this website; I also am a blogger, and I was wanting to know your situation; we have developed some nice methods and we are looking to trade methods with others, be sure to shoot me an e-mail if interested.
Your written articles & blogs can be read by many hundreds of readers, writers and webmasters …
[...]The Legality of Republishing RSS Feeds – Professional PHP[...]…
dédouanement. Bon de réduction peut être eu avec ces magasins si vous êtes disposé à régler pour les gants
vue de face montrant sur un fond blanc. Le visage doit être comprise entre 1 et 1 3 / 8 pouces à partir du menton au sommet de la tête. Chapeaux, coiffures et uniformes, sauf mot de vêtements religieux quotidiens ne peuvent pas être portés.
Free Backlink!…
We loved your website so much we added it to http://www.usbhubreview.net/sites-we-like-2. Just fill in the offer and your backlink is permanent….
unique…
[...]The Legality of Republishing RSS Feeds – Professional PHP[...]…
Eine aufmerksamkeitsstarke Dialog ist Wert kommentieren. Ich glaube,, die sollten Sie schreiben mehr auf dieser Thema , es könnten nicht ein Tabu subject werden aber Regel Personen nicht ausreichender zu sprechen auf solche Themen. Um die nächste.
Hey there, You’ve done a fantastic job. I will certainly digg it and for my part suggest to my friends. I’m sure they’ll be benefited from this site. Executive Models of London Escorts Agency, 53 Chester Square, London, SW1W 9EA, 028 2088 0154
Hey There. I found your blog using msn. This is a very well written article. I’ll make sure to bookmark it and return to read more of 301 Moved Permanently . Thanks for the post. I will definitely return.
Excellent ratings and perfect prices. I cannot inform you how a lot of shared hosting deals I’ve bought .The VPS and VDS servers are totally incredible too, check.
The number of mutants should it decide to use twist in a bulb? Sixty-six per cent.
Spring, tour in hawaii, >:-PPP, used car hammond louisiana, wsjgd, high or low credit score, 06372, debt consolidation lawyer, =-[[[, disaster tax relief help, >:-DDD, good diet foods to eat, 3984, memorial day weekend vacation deal, jmgjq, inter racial dating atlanta, 6798, education fund tax deductible for business, xstv, a power point presentation on vacation locations, =)),