A recent post on a mailing list I subscribe to set out the following scenario:
I have been taking syndicated news items from other sites, and displaying it on my site in the news section, with attribution and a link back to the original source.
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Earlier on today I was contacted by a webmaster from a site I was using the RSS feed from, disappointed that I hadn’t asked permission and not keen on the fact I was displaying whole articles from his site (as distributed in the RSS feed) rather than just headlines and a one-sentence teaser (which I consider really frustrating when reading, but that’s a totally different rant…).
I’ve had to face exactly the same situation, twice. I started gathering publicly accessible RSS feeds on a site just over two years ago. At first this was just for me to read, then for a few friends, and eventually a few dozen strangers started checking in every now and then.
When Google launched their ad service, I started displaying the ads on pages containing the syndicated content. One feed owner complained, arguing that, as I was making money from his content, I was no longer allowed to display the information. (The revenue in question turned out to be pennies, as most people who flirted with Google ads on low-traffic sites know by now.) But rather than argue (it wasn’t as if the feed had any real importance to me) I removed it from the list of sites I syndicate.
The second time I had a complaint was about two months ago, when a regular poster in a LiveJournal community noticed my site as referrer in his server logs. The community members had the habit of posting images, with the images hosted on their personal sites. These were good photographs, with insightful discussions in-between, but apparently members of the community didn’t know that LiveJournal produce RSS feeds of discussions, and didn’t realise that this could be turned off (as far as I know).
The complainant went as far as contacting my web host, invoking the DMCA and requesting that my site be shut down. Lucky for me the hosting company has been in the business long enough to know how to handle this: demand the correct procedure be followed, and inform the client (me) that there might be trouble a-brewing. Rather than cause problems for the host or my own clients, I just removed the feed.
RSS feeds and how to use them has become a moot point for me, as I don’t aggregate any more. But I still believe that RSS feeds are to be used as we (syndicators and aggregators) have been using them since their inception: for purposes of public distribution. When an RSS feed is not intended for public distribution, it is simply not distributed publicly. It’s as easy as that. When someone scrapes a site and generates an RSS feed, this does not constitute a publicly accessible feed. When a site owner plonks a whopping great orange XML button on the site, linked to an RSS or RDF document, and perhaps even uses META tags for purposes of auto-discovery, that person has clearly gone to great trouble to publicly syndicate the feed. Intentions be damned.
Invoking copyright law is a specious argument, confusing non-applicable real-world scenarios with digital content. Syndicating an RSS feed is not like copying a book and then redistributing the copies. Syndication should more accurately be compared to publishing a book, having a library legally buy a copy, and then having many people borrow the book from the library. The world of digital content simply means that the original book never leaves the library.
In the world of RSS syndication, syndicators have full control over what they syndicate. If their readers insist on full copies of articles, complete with image tags, they’re free to syndicate like that. But the expectation is that RSS be used for links and headlines, with full content versions only available on a website. Simply because some site owners have lately discovered a Next Big Thing does not mean that core Internet cultural values have to be changed to accommodate Johnnies-come-lately.
Quod erat demonstrandum.
Update: Cory Doctorow asks much the same questions in a post on Boing Boing entitled BBC’s RSS: Why do we need a license to aggregate, period?
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