Blogspace vs. NPR 521
jonkl writes "National Public Radio's linking policy at npr.org has caused a fuss within the blog community that's hot and getting hotter. The policy's simply stated in two sentences: 'Linking to or framing of any material on this site without the prior written consent of NPR is prohibited. If you would like to link to NPR from your Web site, please fill out the link permission request form.' This is buried, of course, in a page linked to the site's footer, but somebody noticed and mentioned it to Howard Rheingold, who passed it on to Cory Doctorow of boingboing.net. Cory wrote scathing commentary, calling the policy 'brutally stupid,' even 'fatally stupid.' The outrage is spreading; this has to be a rough day for the NPR ombudsman who's deluged with email by now... ~24 hours after Cory's report." Reminds of the KPMG policy.
Web Indexing (Score:4, Insightful)
Damn Pirates!
Re:Web Indexing (Score:2)
So, when does NPR start suing Google, Alltheweb, and others for indexing, and even worse, CACHE-ING their site.
As soon as some idiot repeals the DMCA, which grants these sites permission to do these things.
Re:Web Indexing (Score:2)
Please show me which part of the DMCA talks about this subject.
You should do your own research, but here [gpo.gov]
Re:Web Indexing (Score:2)
Yah, I wonder if they even know that everyone who's bookmarked NPR is in violation of their linking policy. Browsers like Netscape, Mozilla, and even IE save bookmarks as a local HTML file containing links to sites. (Well, in IE's case it's not really a web page but, rather, a specially-interpretted set of directories and files but it's effectively the same as a file.)
So eveyone out there on the Web: FREEZE! NPR!
Re:Web Indexing (Score:2)
I wonder if it's illegal to visit their website without my browser's history disabled.
S
linking? (Score:5, Funny)
Why oh why? (Score:5, Insightful)
Tough to think there is something you could refer to as "old fashioned" in regards to the web, but I can't find another way to describe it...
Jason
Re:Why oh why? (Score:3, Insightful)
Maybe we should lobby the search engines (Score:4, Interesting)
I think it'd put a stop to things like this rather quickly.
Re:Why oh why? (Score:2)
Anyway, they should realize that if they don't want people to access their content, they shouldn't be putting it on the fscking World Wide Web.
What a shame... (Score:2, Interesting)
Re:Why oh why? (Score:5, Funny)
Well, part of the reason... (Score:5, Informative)
However, they're not completely backwards or out of touch with the web -- not by a long shot. They were online before most companies realized it was important, and were one of the first major media outlets to start giving all their content away -- free! -- online.
In fact, I wouldn't be surprised if the stupid policy in question was penned by some lawyer in the early days of the web, when the answers to these questions were a lot less clear.
Hopefully this exposure will wake them up, and get their policy re-grounded in reality.
Re:Well, part of the reason... (Score:3, Insightful)
Re:Well, part of the reason... (Score:3, Insightful)
Re:Well, part of the reason... (Score:4, Informative)
Of course, I worked at the central office in DC...I don't know what the funding situation was like for individual stations.
Diverse? REALLY??? (Score:3, Interesting)
Re:That is sad (Score:3, Insightful)
Crappy books can be just as much of a mind numbing time killer as crappy TV can. There is a lot of junk on TV, but there are a number of quality shows as well. Judge the shows by quality, don't merely dismiss them because you're elitist and it's just TV.
Re:Govt. should NOT be paying for this (Score:3)
You haven't listened to it much, then.
During the debate about campaign finance reform, I heard two Republican senators do opinion pieces where they gave their reasons for opposing the legislation. (I was [innapproriately, yes] screaming "Godwin's Law!" at the radio, because one of them equated CFR with Nazism.) I have never heard a Democratic senator give an opinion piece on NPR.
In your opinion, is unbiased approximately equal to liberal? I keep seeing this term ("liberal") being used, and it seems to be applied to organizations that I consider relatively unbiased. If they are not unbiased, can you list a media organization that deals with current events who you think is?
Re:Why oh why? (Score:2)
With all due respect to NPR [sneakyleaker.com], I think their policy is shortsighted and arrogant. However, I will not link to NPR [sassites.com], but to their competition [nbc.com] instead.
Re:Why oh why? (Score:3, Funny)
Re:Why oh why? (Score:3, Funny)
Context... (Score:2)
possible reason for the policy. Linking directly to information on their
site (or any site for that matter) can put that information in a position
to be quoted out of context.
Linking can often be used to present evidence for one side of a debate or
discussion. If used badly, this habit can misrepresent facts as given,
where an overall story might bring a reader to a different conclusion.
Re:Context... (Score:2, Insightful)
Wrong (Score:2, Informative)
There is no law mandating that viewers pay attention to certain content.
There is no implicit agreement that viewing certain content also requires watching a commercial message.
Fact is, people can ignore advertising.
The problem and misunderstanding exists because of the power of the advertising industry. Advertisers have taken for granted they can influence the pysche of the public by advertising, never realizing that, given a choice, people may not watch what they have to offer.
I just dare the government to mandate me to watch advertising....
Re:Wrong (Score:2)
You mean I don't have to watch the ads? I've been afraid that the Madison Avenue Police were going to kick down the door if I even thought about using the >> button on my VCR!
Re:Why oh why? (Score:3, Funny)
This could otherwise be summed up as a "failure to understand the environment you operate in" and thus a "flawed business model".
Re:Why oh why? (Score:2, Interesting)
You do of course realize that these two things are not mutually exclusive. Not-for-profit does no mean no advertising. Not-for-profit only means that the organization is not in the business of making money. Any excess money that a regular company may consider profit is considered surplus by a not-for-profit and must be put back into the business.
Take for example PBS (you know - it's where you watch Sesame Street when you aren't watching Jerry Springer). They have several sponsors which is a fancy way of saying advertisers. I have even seen the occasional commercial between shows.
Framing vs. deep linking vs. linking (Score:3, Interesting)
But though framing is different from linking, should it be treated different legally? I think not: Cory points out how it can be useful.
And it absolutely should be legal to provide deep linking. That too provides material out of context, to be true, but it's the author of the material who chose to present it that way. The best defense against that is to provide a home page link on every page.
Another interesting point : what about linking increasing the bandwidth costs of the person linked to? I've noticed this happening a lot. 1) Popular blog gives a link to some obscure but interesting personal site. 2) Site gets a lot of hits. 3) Site owner's ISP takes the site down for exceeding its bandwidth quota for the month.
Whose fault is this, and what should be done about it? I think I'd favor a technical solution that would deliberately clog requests if they exceeded the quota, but wouldn't actually take the site down. IOW, pretty much what happens when the web is being slow anyway, only with a clear error message saying that was the reason: you could try again later when traffic was slower.
Have Your Cake and Eat It Too (Score:3, Informative)
There is no such thing as 'Deep Linking' (Score:2, Insightful)
The legal concept of 'Deep Linking' is flawed, since it assumes you are using some kind of 'special URL'.
URL's are pointers. Either you point to the front door or you point to another area, they're still all pointers.
For example,
You can get to the Starbucks thru the Parking Lot, the Mall or the service entrance. If the service door is open and there's a sign saying Starbucks, people will walk in it. If the door is locked, then people will use the Mall or Lot. If there is a sign saying, 'use the door in the Mall', people will be REDIRECTED to where Starbucks wants them to go.
kinda takes the PUBLIC out of it doesn't it? (Score:4, Insightful)
Ah, and we'll make it better (Score:5, Funny)
Links on NPR (Score:5, Insightful)
What do you wanna bet that NPR doesn't bother checking another sites linking policy before they link to it.
Re:Links on NPR (Score:2, Interesting)
They linked to my site, and it resulted in 16 gigs of overage for the month at $12/gig. I didn't have that, and so my site got shut down for two and a half months. By then, I lost most of my regular visitors and it took a year to get about as many back.
Had they asked before linking, I would have said no. It was supposed to be a small, intelligent discussion forum for those of us who choose not to work high-wage jobs.
Deep Linking law? (Score:2, Insightful)
Google on linking: [google.com]
Searched the web for linking suit settle.
Results 1 - 10 of about 12,500. Search took 0.15 seconds
It seems to me companies keep settling just to prevent the law from ever being decided on by a judge. Deep linking should not be a website's ATM.
Stupid (Score:4, Insightful)
Why would NPR rather sue people than just prevent it at the source?
Re:Stupid (Score:2)
It's trivial to block linking by looking at the referrer field and only allowing access if it's empty or from npr.org.
But npr.org doesn't want to block linking. They just want to be able to opt-in first.
Re:Stupid (Score:2)
Hmm... Couldn't you just glean these from the web server logs?
Just a thought.
Slightly off topic... (Score:2, Insightful)
I guess the web pages I put up when my wife was pregnant with our first child was a sort of blog - I should get around to re-posting that somwehere, actually... but as a geek with a wife, two kids, and a mortgage, I don't seem to have the lifestyle that would make good blog material anymore.
-----
Let "them" know you're not a terrorist [cafepress.com]
Re:Slightly off topic... (Score:2)
Hey, you violated their policy! (Score:4, Funny)
Wait... I just deep linked to a link prohibiting deep links! Ack! My brain!
Kinda Odd (Score:5, Insightful)
Re:Kinda Odd (Score:2, Informative)
Re:Kinda Odd (Score:2)
Just sit back and watch the collection become like so much swiss cheese.
License (Score:2)
Freedom of Speech (Score:5, Funny)
Just ask 2600.
whoops
Re: That's not entirely true (Score:3, Informative)
"It's a basic right for someone to be able to publish publically available information, such as a universal resource locator."
That's not entirely true. There have actually been court cases where they have ruled that linking to a URL can be infringing. Some of these include Starbucks, Religious Technology Center v. Netcom On-Line Communication Services, and US Intellectual Reserve Inc vs. Utah Lighthouse Ministry Inc. Here's a good article about the topic [domainnotes.com].
Re:Freedom of Speech (Score:2)
This is clearly a case of freedom of speech.
Yep, NPR can put anything they want in their policies. Enforcing it, on the other hand...
Work Around (Score:3, Insightful)
I'm not sure which is worse, a goofy policy like that, or that 'I' pay for NPR as a Tax-Paying citizen of the U, S, of A and am not free to utilize the information that 'I' paid for in way 'I' want to.
taxpayer-funded information (Score:2)
Well, for one thing, they're not taxpayer-funded, aside from a couple of percent from competitive grants. For another thing, even if they were taxpayer-funded, this would hardly a unique example of access limitations to taxpayer-funded information.
(I also think it's a really dumb thing for them to do, but your objection is a bit simplistic.)
Re:taxpayer-funded information (Score:2)
I'll concede that point, especially as I'm the only person I know who does not declare charitable gifts on my taxes, for precisely that reason.
This begs the question, though, of whether that indirect funding necessarily entitles any taxpayer unlimited access to any information held by any organization that gets a tax break.
If so, wouldn't that reasoning also apply to any corporations or other businesses that get any tax breaks?
Your Taxes Pay Squat (Score:3, Insightful)
Assuming you are a tax paying citizen, you should be informed that even if you pay $1000 (including withheld on the W2), less than half of a penny goes into supporting both public radio and television, and even including state taxes, you still haven't paid a full cent. The funneling of tax goes to stations in need of self-support on a case by case basis, everything else, from your favourite programmes to your favourite hosts are funded by people that pledge a donation during drives. You're probably not even paying enough for the cost of electricity to parse through the database and send a copy of the article to you.
Additionally, there is a permit you may request for mirroring under most circumstance if you ever actually intend to go through with it (more so for those that actually would like to mirror, as I doubt you could).
screw NPR (Score:2)
With the power of
anything [npr.org] I want [npr.org] from NPR's [npr.org]
website.
</sarcasm>
:P
Sounds like typical NPR retoric (Score:2, Interesting)
NPR didn't speak up when the FCC was holding hearings asking for comments and conducting studies, they waited until after the FCC had made up it's mind to grant the frequencies, and then cried wolf, saying that they'd interfer with NPR's. The FCC said too little too late, and pointed to studies that were conducted showing contrary to NPR's unbased claim. So NPR lobbied congress and got them to stop the FCC.
NPR has always been a control freak. There's nothing new about that.
NOBODY LINK TO MY SITES (Score:2)
www.ctipowersolutions.com [ctipowersolutions.com]
www.latechcenter.com [latechcenter.com]
www.ahmansonpet.net [ahmansonpet.net]
www.petscanarizona.net [petscanarizona.net]
i don't think they get it (Score:2)
Legal policies and lawsuits are exactly the wrong approach to take. The whole point of web advertising is that you want as many people as possible to see the ads. If you forbid people to link to your site, even the front page (as NPR's policy seems to do), then you lose traffic and revenue. Not to mention the negative publicity that you'll get from web community sites (like
No linking? Try and stop it (Score:2, Informative)
Their "linking policy" will have absolutely no affect.
Re:No linking? Try and stop it (Score:2)
It's a matter of free speech.
Is copyright law "categorically immune from challenge under the First Amendment?" That's yet to be decided [harvard.edu].
Revenge.. (Score:3, Funny)
Secondly, send a cease-and-decist letter to npr.org to stop setting cookies while you browse their site.
Maybe then they'll learn, that if you put information free to the public, without authentication, what the hell are they to expect?
Wondering why NPR might do this? (Score:5, Insightful)
The reason is that NPR hosts high-bandwidth audio material and the website archives many of the shows. NPR doesn't care if you link to a text article, but if I create
www.bestofnpr.com
and then offer DIRECT links to the
You may agree or disagree with the policy, but at least understand that NPR has some pretty legetimate fears. Personally, though, I don't see this as a legitamate solution, but it's understandable.
and the problem with that is what? (Score:2)
I also don't see the problem. NPR is a public radio station. They aren't supported by advertising but by member contributions. If your bestofnpr.com has a nicer layout and causes more people to listen to their audio, all the better. If you make a dollar in the process (I doubt it), you will hopefully have the good sense of donating some money to them. Also, you should have the good sense of not using their trademark ("NPR") in your web address because that they can legally control.
Re:Wondering why NPR might do this? (Score:2)
Re:Wondering why NPR might do this? (Score:5, Insightful)
They did go about this all wrong by using very broad wording. I can't imagine that they don't want people linking to their html pages freely (e.g. http://news.npr.org/). It seems like everybody here is flying off the handle over what really is nothing. The linking policy has an intent, and I'm certain that the wording of it will be changed - within a week at most - to match that intent.
Re:Wondering why NPR might do this? (Score:2)
If they don't want you linking directly to their audio files, why not just *say* that? "Please don't link directly to the media files on this site; instead, link to the parent web pages which contain them. Thank you."
Next time there is a pledge drive (Score:2)
While we're on the subject, ever notice how many "commercials" there are on "commercial-free" NPR? I hope that the executive recruiters from the Corn Fairy (is that like the Tooth Fairy?) or whoever they are die long slow deaths.
OK for linking, but framing I hate, too (Score:2)
Re:OK for linking, but framing I hate, too (Score:2)
Proof of an objectivist idea (Score:2)
Google link:npr.org (Score:2, Interesting)
N Public R (Score:2, Insightful)
Why is censorship becoming the answer more and more rather than creativity? If they're worried about people bypassing adds and the like by direct linking to their media files, why not build ads into those files or just mention in those files that the content you are receiving is from a listner supported organization that needs your help if (and only if) you
Spitefull fooey [npr.org]
Re:N Public R (Score:2)
#include <MHO.h>
I think the 'P' in NPR might now mean "public" as in "public toilet" and "public housing". For something that's "public", it sure has it's own agenda..
watchingyou? (Score:5, Informative)
Not only that, but the high-tech folks at NPR use this form to generate an email. The recipients are listed in a hidden field on the form. So if you want to give the ombudsman a break, you can send your thoughts directly to the people who evaluate the link requests: jrichards@npr.org, bmelzer@npr.org, nprhelp@npr.org, tholzman@npr.org.
Link me, but don't frame me. (Score:5, Informative)
<script language="JavaScript">
<!--
if (self.location.href != top.location.href) {
top.location.href = self.location.href;
}
// -->
</script>
Re:Link me, but don't frame me. (Score:5, Informative)
Better might be to plainly label each of your pages, so even if they wind up framed elsewhere, it's obvious whose material it is.
Re:Link me, but don't frame me. (Score:2)
Side effect: anti-framing scripts will sometimes crash browsers (even with javascript disabled!) on YOUR site, preventing them from reading YOUR content entirely.
Proof of this claim, please? Maybe I haven't tested enough user agents, but simple, direct "frame-breaker" scripts have never crashed anything on my tests. I'm mildly calling bullsh!t until I see a little evidence forthcoming on this matter. Your claim may be true (please prove me wrong), but it's very, very fuzzy.
- skeptical
Re:Link me, but don't frame me. (Score:2)
Presumably one could sue or prosecute under existing copyright/plagiarism laws, if necessary.
More questions: at what point does framing stop being "fair use" and start being plagiarism? Is framing one page from a site "fair use", or does that constitute stealing an entire document (because it perforce takes the whole page, barring some clever Perl script of course)?? Or would it be more like quoting one entire page out of a book (considering a book and a website as equivalent, publication-wise), thus possibly legally "fair use"??
Quite a can of worms, for sure.
Still, suing over *deep-linking* makes as much sense as suing over a footnote that refers to a specific page in a book. What, should footnotes only give the book's title or table of contents (equivalent to a website's root page), and make the poor user root up the relevant page themselves?? Kinda defeats the purpose, eh?
The Linking Form has a comments field... (Score:2)
http://www.npr.org/about/linking_form.html
Instead of flooding the ombudsman's mailbox with outraged email.
Why doesn't the word get spread to simply fill out the form, and
leave your negative comments in there?
This is a total non-issue! (Score:3, Insightful)
A. It can make their content appear to be someone else's and
B. They have no control over broken links when they change their content and this makes their site look broken and stupid.
C. Framing someone else's site is bullshit, and people who don't like it can do what it takes to stop it.
However, is it really all that hard to redirect foreign deep links to the main page? Is it? Or to send the not founds there so they don't just send most people to microsoft? Come on kids, read your docs! Learn your trade!
If you still want the search engines to deep link, it's a little more work, but it can't possibly be more of a hassel than a lawsuit you probably won't win.
As for the main page, I think it's as simple as asking for 'the right not to be refered to', which it's been shown repeatedly that you just don't have.
If only people would quit wasting time and just move on to something beneficial, like harnessing the power of stupidity, the earth would be a better place.
=mortimer
My Letter to NPR (Score:3, Funny)
To: ombudsman@npr.org
Subject: Link Permission Request
Hello,
It is trivial to tell your webserver to check the referring page of a
visitor. If the visitor is referred to npr.org from an address that is
*not* npr.org, you can deny them access, or redirect them to a page
explaining why npr.org does not allow hyperlinks.
While this is really lame, it would address your bandwidth cost concerns
without resorting to such ineffectual assertions that linking is
"prohibited". That's wishful thinking.
Love,
Jason
Dear NPR, KPMG, and others... (Score:2)
If you don't want just anyone linking to your web site, just make the initial page a dead end that requires a password protected account to gain access to the deeper pages. And make those all pages dynamic to that deep linking would be a waste of time. Either that or get your heads screwed straight and learn how the Web is supposed to work.
And finally, for NPR: IANAL but I suspect that you'd lose if you wanted to pursue enforcing your linking policy via the courts. At best you could just jeopardize your public funding. If I'm not mistaken, the ``P'' stands for Public, right? Not Private (as in club).
These organizations crack me up.
This is NOT unusual (Score:3, Insightful)
I believe that if you look at a lot of sites, especially large comercial sites they will include this policy.
Make More Sense (Score:3, Insightful)
This gives them control, allows sites to get the links you know NPR is approving, and only requires technical response to deal with abusers.
Too much irony to bear! (Score:2)
The other irony is, if everyone filled out those damn requests to link to NPR's site, NPR would be so deluged with such requests that they would quickly abandon the policy.
No linking or framing? (Score:2)
In NPR's defence (Score:3, Insightful)
What about The New York Times site? (free reg req'd, blah, blah) Their site is often linked to from
Next
Ever listen to NPR? Hear any ads? See any on their website? Even our precious
so follow their rules (Score:2)
As a taxpayer, I OWN part of NPR (Score:3, Insightful)
Get out of my back pocket, NPR, and REALLY become a private company, with private property, and get back to me.
Re:bad news for the Internet? (Score:4, Insightful)
Like that time they lobbied to prevent microtransmitters?
Re:bad news for the Internet? (Score:2)
Plenty of suits have been settled, but I can't recall ever hearing a court actually rule on this.
Re:bad news for the Internet? (Score:2)
How about Ticketmaster vs. Tickets.com [wired.com].
The judge in this case ruled "Hyperlinking does not itself involve a violation of the Copyright Act. There is no deception in what is happening. This is analogous to using a library's card index to get reference to particular items, albeit faster and more efficiently.
Re:bad news for the Internet? (Score:2, Funny)
But hyperlinks are one-directional pointers from other sites. Why do they get to dictate which pointers other people choose to put in their sites?
If they want control over incoming links, they should create their own text markup language, network protocol and browsers that only support bidirectional linking. They can publish their site on their new network and link up with like-minded content providers. Who knows, it could be the killer app of the new millenium. (But I doubt it.)
Re:Isn't NPR Taxpayer Funded (Score:2)
Re: (Score:2)
Re: (Score:2)
Re: (Score:3, Insightful)
What Nonsense! (Score:2)
This is, of course, nonsense! How do you explain Mozart, Beethoven, Sir Isaac Newton, Galileo, Descartes, etc... What intellectual property rights did they have beside general societal rules against plagiarism? You, sir, are a fool in a foolish world. You are forgiven though, because we are all fools to one degree or another.
Re:What I did (Score:2)
Prolly just some kiddie. Sounds to me like he's making threats against you, or at least your site's connectivity. I think you have more legal grounds for a "suite" against him than he has against you.
Again, with all the spelling errors and immature language, it's probably Chris' little cousin or something.
Even better: ASK them for permission. (Score:3, Interesting)
-russ
Re:Worse than 'brutally stupid' (Score:3, Funny)
This part is interesting:
"Fowl"? What does Calumet City have against content about birds?