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[TD] AP: 4 Words is Fair Use, 5 Words is $12.50

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Quote:
As we wait with bated breath for the Associated Press to come down from the mountain with its own rules for "fair use for bloggers," Patrick Nielsen Hayden gives us a sense of what the AP considers fair use (found via Boing Boing). Apparently, for quite some time, the AP has had up a page that lists out prices for quoting AP text. I will quote the list prices, and hope I don't get a DMCA takedown:
5-25 words: $ 12.50
26-50 words: $ 17.50
51-100 words: $ 25.00
101-250 words: $ 50.00
251 words and up:$ 100.00
Oh, and it gets better. The AP claims that it can revoke the license at any time if it feels you're saying something negative about the Associated Press: "Publisher reserves the right to terminate this Agreement at any time if Publisher or its agents finds Your use of the licensed Content to be offensive and/or damaging to Publisher’s reputation."

Now, these are the terms that the AP has had on its site for some time -- but they explain why the AP went after the Drudge Retort for quoting less than 100 words. To the AP, that was a violation requiring a $25 license. So, while some believe that those criticizing the AP are overreacting, I'd argue that's not the case at all. This is not, as suggested, a one-time thing. This is an ongoing pattern of misuse of copyright law by the AP. And it's been pointed out to the AP in the past that these actions are wrong -- and it did nothing to change the AP's behavior. Instead, it seems to have only emboldened the AP.
Source [TechDirt]

This relates to DCMA Takedown notices that AP filed against Drudge Retort for quoting and linking to their articles.

Quote:
Rogers Cadenhead tells Threat Level on Monday he has taken down works from his Drudge Retort blog that The Associated Press has deemed an infringement of the nation's oldest and largest news news-gathering operation's copyrights.
The AP recently sent seven takedown notices to his social news site for the offense of reposting a few sentences or more and reprinting their headlines, sometimes linking those sentences and headlines to the full stories generated from the New York-based media concern. And Cadenhead, whose site fosters commentary on others' works, said he was unsure whether he would legally challenge the AP's notices.
He said he was "absolutely" worried he could set bad precedent if he went to court. Cadenhead notes that there is no "bright line" rule when it comes to defining actionable copyright infringement in the blogosphere -- a statement backed by most copyright attorneys.
"If AP were to go after some small fish and get a ruling that running two sentences of stories was copyright infringement, that would have a chilling impact across the net," Cadenhead said. "The law lacks a bright line."
Source [Wired]
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President Bush plans to make a renewed push Wednesday to get Congress to end a long-standing ban on offshore oil and gas drilling, echoing a call by GOP presidential candidate John McCain.

Congressional Democrats have opposed lifting the prohibitions on energy development on nearly all federal Outer Continental Shelf waters for more than a quarter-century, including waters along both the East and West coasts.

With oil prices soaring and motorists paying $4 a gallon for gasoline, political pressures have been growing for more domestic oil and gas production.

"The president believes Congress shouldn't waste any more time," White House press secretary Dana Perino told The Associated Press on Tuesday.

"He will explicitly call on Congress to ... pass legislation lifting the congressional ban on safe, environmentally friendly offshore oil drilling," Perino said. "He wants to work with states to determine where offshore drilling should occur."

Bush also will reiterate his call for development of oil in the Arctic National Wildlife Refuge in Alaska, Perino said. McCain has opposed drilling in the refuge, maintaining that the pristine areas in northeastern Alaska should be protected from energy development.

On Monday, McCain made lifting the federal ban on offshore oil and gas development a key part of his energy plan. The Arizona senator said states should be allowed to pursue energy exploration in waters near their coasts and receive some of the royalty revenue.

Bush has made clear in recent weeks that the drilling moratorium in coastal waters should end to allow for more domestic oil production and help "take the pressure off the price of gasoline."

Democrats, as well as some Republican senators from coastal states, have opposed lifting the drilling prohibitions, fearful that energy development could harm tourism and raise the risk of oil spills on beaches.

Sen. Barack Obama, the Democratic candidate for president, opposes lifting the ban on offshore drilling and says that allowing exploration now wouldn't affect gasoline prices for at least five years.

Congress imposed the drilling moratorium in 1981 and has extended it each year since by prohibiting the Interior Department from spending money on offshore oil or gas leases in virtually all coastal waters outside the western Gulf of Mexico and in some areas off Alaska.

President George H.W. Bush imposed a separate executive drilling ban in 1990, which was extended by President Clinton and then by the current president until 2012.

Bush has been considering lifting the executive ban as a symbolic move to get Congress to take action, but he decided against doing so for the time being, said an official who spoke on condition of anonymity because internal deliberations were involved.
Right from one of their latest articles.
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