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--Tech & Moderator Notes
Posting on the Burg -- reminders & changes
2010-08-15
In the spirit of, um, the heat and humidity of August, we mods have a few requests and reminders on posting. These aren't the usual formatting requests, though we renew those as well. These requests have to do with what we post. We and The Wizard of Oz Fred have been discussing this behind the curtain, and Fred plans a few changes under the hood in the near future.

There are certain issues out there with copyright and 'fair use', and other blogs are finding out -- the hard way -- what the limits are. Rantburg doesn't want those troubles. So if you wish to post, please pay attention to the following:

  • For posts from American press sources, you MUST trim, trim, and trim some more. Try to limit what you post to no more than 1/3 of the original. Cut the fluff and the repetition. Remember that it's an opportunity to teach writing to journalists.

    You do NOT need to say "Rest @ link" or something similar, we all KNOW that the rest is at the link.

  • Add your own in-line comments to what you post. That especially helps us with 'fair use', as commentary is value added. Besides, we like your commentary. Remember, no leading space paragraph above or below your in-lines.

  • Feel free to re-write a post. See what Badanov routinely does for the Messico news. That's in your own words and perfectly fine. Put a single in-line at the top of a rewrite: 'Rewritten by [your name].'

  • Likewise, translations of foreign language news is great; put a single in-line at the top: 'Translated from the original Pashto-Yiddish by [your name].'

  • For op-ed pieces from the American press, summarize in your own words and add your own commentary, with only brief quotations (no more than THREE paragraphs total). An alternative is to post the title and source URL (in their correct locations) with only a one-liner from you in the text.

    We mods will DELETE posts of op-ed pieces that are posted in full without commentary.

  • Foreign major news services (e.g., AFP, Reuters, Guardian, Der Spiegel) should be treated as American -- trim extensively and in-line.

  • Foreign smaller services (e.g., Pak Daily Times, Bangladesh News) should be treated as we use them now, but make sure you add in-line commentary.

    • More to come.

    We thank you as always for making the Burg special.
    Posted by:Steve White

    #35  It would be on the embarrassing side if it came out in a lawsuit that the facts put forth by the AP turned out to be spin.
    Posted by: gorb   2010-08-15 22:35  

    #34  the AP cannot stop you from taking the facts of an article and writing a new article using those facts.

    Of course the trick is to find the facts under all the opinion and spin of the typical AP (Or Rooters) article.
    Posted by: CrazyFool   2010-08-15 22:31  

    #33  Things are getting very nasty out there and will get even nastier as the election heats up and the economy/dollar don't.
    Posted by: lotp   2010-08-15 21:42  

    #32  First, as slow as it is today ... is the LLC doing a DOS attack on Rantburg?

    Second in this comment link on facebook we see:

    Val:

    Here is a little Quid Pro Quo for you on the copyright lawsuits. Suspicions confirmed.



    Ron
    skip to main | skip to sidebar
    THE BIG WOBBLE
    Tuesday, 27 July 2010
    Steven Gibson (RightHaven) the Blog and Forum lawsuit firm and the ties to Obama

    Difficult time ahead for political blogger's as Obama's cronies tighten the knot

    This RightHaven founder Steven Gibson is definitely a "Chicago Guy"...so I did a little digging in the public domain.....SHR




    The man for Obama?





    Steven A. Gibson

    Born: Chicago, Illinois, December 11, 1963

    School: Chicago-Kent College of Law
    Degree: J.D.
    City: Chicago
    State: IL
    Year: 1990
    Honors: IIT/Chicago-Kent College of Law. Cum Laude 1990.

    Prior to establishing his own firm, Mr. Gibson was an associate at Sidley Austin LLP a Chicago Law firm...

    Just click on "Work History"
    Steven A. Gibson

    Another Chicago guy who was there at the time finishing up Law School along with....Barack Obama...maybe they crossed paths?

    In late 1988, Obama entered Harvard Law School. He was selected as an editor of the Harvard Law Review at the end of his first year,[37] and president of the journal in his second year.[38] During his summers, he returned to Chicago, where he worked as a summer associate at the law firms of Sidley Austin in 1989 and Hopkins & Sutter in 1990
    Barack Obama

    Guess where Mr and Mrs Obama met....

    Following law school, she was an associate at the Chicago office of the law firm Sidley Austin, where she first met her future husband.

    >>>> And Guess what Michelle and Steven Gibson both did???
    INTELLECTUAL PROPERTY LAW...AT THE SAME LAW FIRM...!!!

    At the firm, she worked on marketing and intellectual property.
    Michelle Obama

    Obama Blames Blogs For Inability to Connect
    Posted by: 3dc   2010-08-15 20:55  

    #31  "the non-profit" clause could get interesting.
    The IRS is sending tax demands to all non-profits and churches along with demands to see proof of income and expenses for the last 3 years or loses non-profit status and incur steep fines.

    It looks like the IRS is going to demand all potentially taxable amounts to be remit to them quarterly and then returned after the non-profit files and income tax report and is accepted as a non-profit.
    This will happen forever with the IRS demand.
    I guess fund drives and telethons can kiss their ass goodbye.
    Posted by: 3dc   2010-08-15 20:42  

    #30  

    And this time it is not censorship from the government or Google that is the problem. The problem is a profit-hungry “legal gentleman”. You can read about him here. He is buying up off newspapers the copyright to their back issues and looking for anybody who has reprinted any of the content concerned. He then threatens them with legal action for breach ofcopyright.
    Posted by: 3dc   2010-08-15 19:54  

    #29  Fair use:
    § 107. Limitations on exclusive rights: Fair use40
    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — 
    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    (2) the nature of the copyrighted work;
    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    (4) the effect of the use upon the potential market for or value of the copyrighted work.
    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
    Posted by: Fred   2010-08-15 17:35  

    #28  As the stated purpose of the Las Vegas Trolls is to run a profit filing these lawsuits, it wouldn't hurt to do a little judgment proofing at the 'Burg and Fredville.
    Posted by: Iblis   2010-08-15 16:19  

    #27  Oh, and a list of McClatchy Co. newspapers, most of which have websites.

    http://en.wikipedia.org/wiki/The_McClatchy_Company
    Posted by: Anonymoose   2010-08-15 14:52  

    #26  Any harm in writing in say... five letter groups....

    IELKS SKWEI EKELW EJELW GHGKE?

    Just asking. ;-)
    Posted by: Besoeker   2010-08-15 14:47  

    #25  I'm assuming straight links - no commentary, are still OK?
    Posted by: Mercutio   2010-08-15 14:42  

    #24  From Free Republic...
    Also, do not post images from Corbis or Getty.

    Posted by: 3dc   2010-08-15 13:56  

    #23  Parabellum: I don't think a single mouse click, as an insurance policy, is too much to ask, especially in a climate where nasty lawyers are trolling for dollars.

    Aha! I found a listing of complainers!

    Excerpt and Link Only or Deny Posting List due to Copyright Complaints (Free Republic)
    Posted by: Anonymoose   2010-08-15 13:35  

    #22  #21 Does Rantburg need a legal defense fund, they coming after Fred? Posted by: OldSpook

    I hope not, or I'll have to dig out the trusty old 10-gauge double-barrel. I only have 247 shells left, and they're old...
    Posted by: Old Patriot   2010-08-15 13:18  

    #21  Does Rantburg need a legal defense fund, they coming after Fred?
    Posted by: OldSpook   2010-08-15 13:03  

    #20  "The ACLU will cover the defence no doubt."

    Best laugh I've had today, NS.
    Posted by: Barbara Skolaut   2010-08-15 12:00  

    #19  Speaking of which, does Rantburg have a legal defense fund?

    The ACLU will cover the defence no doubt.
    Posted by: Nimble Spemble   2010-08-15 11:54  

    #18  Personally, I think AP is acting as a monopoly and should be attacked as such.
    Posted by: Willy   2010-08-15 11:41  

    #17  You're talking about those barratrous assholes in Las Vegas

    Speaking of which, does Rantburg have a legal defense fund?
    Posted by: DMFD   2010-08-15 11:26  

    #16  The case cited upheld the common law notion that facts are not copyrightable. The decision attempted to hint at a category called "hot news" in which a proprietary claim to facts would survive but for a brief time. This was never acted on further by either the courts or by legislature, albeit this Congress has suggested it may lay out such a right.

    The fact is, is that Rantburg is not competing with anyone, not AP, not UPI, not Reuters and not AFP. We're not even competing with any Las Vegas newspaper, and until the hot news category is statutorily established, rewriting articles is an acceptable way to present news without violating anyone's copyright.
    Posted by: badanov   2010-08-15 10:14  

    #15  May I request that posters please DO include a few paragraphs of the article and please NOT post only a title/link.

    Thank you guys and gals for all your good work.
    Posted by: Parabellum   2010-08-15 10:14  

    #14  (just stumbled upon)

    "AP claims copyright on rewritten articles. It also claims copyright of 'hot news' based on a 90 year old court case. International News Service v. Associated Press (1918) in which a rival news agency 'stole' and 'rewrote' AP news articles. Some states still uphold this approach; others consider it invalid. (The AP settled its most recent hot news case)."

    "Legally, aside from the 'hot news' doctrine, the AP cannot stop you from taking the facts of an article and writing a new article using those facts. Also, if there are a limited number of ways to say something, you are permitted to express yourself in the same way as others without infringing (known as the 'merger doctrine')."

    "The trouble with the merger doctrine, the right to use facts, and even fair use -- is that there are no clear lines. Since the AP is not afraid to file lawsuits you may want to proceed with caution especially if your work may be perceived as competing. If you're particularly paranoid about lawsuits, just take the facts."
    Posted by: Anonymoose   2010-08-15 10:01  

    #13  It might help to have an "obnoxious list", a text list of sources that are so testy that it would be best just to use a rewritten headline-link only.

    They might even be auto-flagged by domain name, as a safety device. For example, any link from lvrj.com would be automatically abbreviated to link only, and maybe also flagged for mod review.
    Posted by: Anonymoose   2010-08-15 09:52  

    #12  Pretty courageous of you, Scooter, correcting TW.

    Of course, you know she's in Germany...
    Posted by: Bobby   2010-08-15 09:10  

    #11  Warning, vocabulary police on patrol!

    Thanks TW, "picturesque style" made me laugh. I'm pretty sure the word you were looking for is "picaresque", as in the manner of a rascal or rogue.
    Posted by: Scooter McGruder   2010-08-15 06:22  

    #10  These are probably good guidelines for any blogger at their own blogs as well. Thanks!
    Posted by: American Delight   2010-08-15 04:53  

    #9  One of the great things about the Burg is that it helps disseminate news and information the MSM thinks you don't need to know.

    An example from yesterday was that the Pakistan floods rather than being a natural disaster are in a large part a manmade disaster because of the lack of warning and preparation from the authorities even though they should have known days in advance a flood was coming for many locations.

    Hence your own leading comment saying why this news is of significance would in many cases help people in deciding what is worth reading given everyones time constraints and such comment would provide a very solid copyright defence.
    Posted by: phil_b   2010-08-15 03:42  

    #8  Doc Steve? -- Just perfect!!!
    Posted by: Sherry   2010-08-15 02:26  

    #7  the proper phrase is, "The whole effing article is just great shit

    Steven White, behave yourself! The Rantburg Style Guide says no such thing. Ace of Spades has their own, picturesque style.
    Posted by: trailing wife in Germany   2010-08-15 02:20  

    #6   If it's interesting and the author says "more at link" then I'll go for more.

    The Rantburg Style Guide sez that if the person posting wants to indicate that, the proper phrase is, "The whole effing article is just great shit and you really should hit the link to read the rest, unless you want people to look at you as if you aren't wearing pants."

    Then again, I might just be channeling Ace of Spades ...
    Posted by: Steve White   2010-08-15 02:04  

    #5  who knew that insipid inline snark would become a virtue? My life is blessed
    Posted by: Frank G   2010-08-15 01:49  

    #4  Foreign major news services (e.g., AFP, Reuters, Guardian, Der Spiegel) should be treated as American -- trim extensively and in-line.

    I am somewhat ignorant of what is what. It sure would be helpful to have a link that says "Posting Rules" that goes to a page that has these rules available for noobs, refreshers, and also I would think it would be good for legal protection to have these policies posted). It would be nice to have a link on that page that would pop up a list of news sources that are definitely not OK to copy from heavily.

    "Rest @ link" / "More @ link"

    I use this as code-speak for "Just click the effing link already because there is more good stuff there and I didn't want to get the bossman in trouble". If I see something better I will switch over, but my uninventive brain says it is sticking with this for now until it sees that something better for itself.

    As for those those barratous assholes, I think heart attacks are too quick and painless. I'd like to hear about something more along the lines of having turned on the air conditioning in their car as they were driving along one moonless night, aggravating the nest of killer bees in the air ducts, flew off the cliffside into a lake far below, slowly sank because they couldn't get the doors or windows opened in time because the electrical system shorted out, and were found just about the time the bees had run out of anything to eat. Note: No killer bees were harmed in the making of this fantasy.

    Lastly, I wonder if it wouldn't be a bad idea to incorporate this blog or something in order to remove Fred's personal pocketbook from the picture. Perhaps that alone would be enough to pi$$ off anyone who finds out that the only thing they are going to be able to get their hands on is an old 386 server with a lot of unflattering pictures of seedy politicians on it. Shortly after it was accidentally wiped.

    "Are you telling me that you ran this blog from an old 386-based server?"
    "Yep. Never had a need to upgrade."
    "What's in the closet?"
    "Nothin'. You got your server. Enjoy. Move along now."
    Posted by: gorb   2010-08-15 01:47  

    #3  You do NOT need to say "Rest @ link" or something similar, we all KNOW that the rest is at the link.

    Do we? A lot of times I just read the rantburg article and never click through. If it's interesting and the author says "more at link" then I'll go for more. There's no way I'm keeping track of which news sources are US and which are non-US. Hell, it seems most domestic US stories are posted from Iran Press-TV anyway these days.
    Posted by: gromky   2010-08-15 01:10  

    #2  "certain issues out there with copyright and 'fair use',"

    You're talking about those barratous assholes in Las Vegas. There's a law firm I wouldn't mind seeing drop dead from heart attacks. They're essentially abusing copyright law to extort money from web sites that cant afford the court costs.

    I hope they die horribly in a fiery car accident after being hit by lightning burning to death in front of their families as they roast. It will give them a preview of Hell, where they are going once they shuffle off this mortal coil.
    Posted by: OldSpook   2010-08-15 00:51  

    #1  See the Darfur post immediately below this one for a hint on how to rewrite and what to cut, such as the boilerplate.

    In that rewrite I omitted a number of lines that really weren't relevant to the story of the abduction.

    I strongly encourage you to rewrite. It does two things.

    1) It gives the poster actual writing experience and Gawd knows we need more conservative writers.

    2) It keeps bossman out of potential problems.

    3) It drives liberals insane -- Jackpot!

    I will be posting a lot more rewrites as time goes on, not just about Mexico. If anyone steps up to do the same, please let us know by posting at the O-club your plans, so we don't step on one another's toes. If you do decide to help out try to concentrate on an area such as Afghanistan, or Iraq, or US domestic politics.

    Honest, you can actually keep your testicles if you help out by rewriting.
    Posted by: badanov   2010-08-15 00:29  

    00:00