The Grey Zone of Syndication

As I mentioned in an earlier post, syndicating stuff is also one huge grey area of legal hazzle. Stumbled over this discussion from a couple of years back (as well as this one), which airs not at all uncommon concerns. You risk being called a scraper, a spammer and a splogger, if you pursue the path of syndication.

Pariah S. Burke wrote :

RSS feeds are published for individual, private consumption; they are not a blanket license to, or waiver of, reprint rights. Taking and republshing content—no matter how much or how little—without the original author’s permission is a violation of U.S. and international Copyright laws. There are exceptions, of course, detailed in the Fair Use doctrine, but such exceptions are very specific and do not apply to the vast majority of sites using FeedWordPress, Autoblog, and the like. In fact, Charles Johnson, the creator of FeedWordPress is in constant and frequent violation of copyright law because the apparent majority of his blog’s content is stolen without the original authors’ permission.

In that case, Google, which enables users to very easily tag and share (i.e. republish) feeds they find interesting via their popular service Google Reader, is guilty of same said constant and frequent violation of copyright law, or at least, in willful and assisting infringement. The same of course goes for YouTube and any web service, which allows anyone to embed their videos, images and games on your own local site.

Who says a tool has to be used in one way only? Let’s get creative! That’s how problems are solved and new business models are developed!

Here’s another POV, from a guide on setting up an automatic blog which automatically generates a ‘shitload of traffic’ and is ‘just about hands free’ :

To be honest, I’m not a big fan of people scraping content that people have sweated over. However, one thing I don’t mind doing is thieving from thieves.

You’re on the hunt for “disposable” content – generally not text based. Think along the lines of Flash games, funny videos, funny pictures, hypnomagical-optical-illusions – that kind of thing. The Internet is awash with blogs that showcase this stuff. Check out Google blogsearch and try a search like funny pictures blog. There’s hundreds of the leeching bastards showcasing other peoples pictures, videos, games and hypnomagical-optical-illusions for their website. They can hardly call it “their” content. With this ethical pebble tossed aside, we can go and grab some content.

There’s loads of ways you can hunt down potential content. You’re on the lookout for RSS feeds with this rich media. So you could try; Google Blogsearch, Technorati, MyBlogLog – basically any site that lets you search the blogosphere.

My personal point of view (this is also Kaplak’s stand) is that the problem of visibility for sites and products is larger than the largely fictional problem of “theft”. If you make syndicated feeds publicly available, you implicitly want and ask for syndication, because you want your message out. Syndication will help your site or product become visible in places and contexts it would not otherwise be seen in, and that’s why you use it and why you should use it. If you do not want your message out in other contexts and do not want to see your articles appear on other websites in a syndicated format, you can simply choose not to make articles available for syndication. The benefits however, in the Google Juice and traffic which syndication brings back to your sites and products, are in most cases much greater than the disadvantages.

Accusing syndication sites and services for theft and copyright infringement is IMHO ridiculous at best, as these services actually help your site become seen and achieve better rankings in search engines. It helps your interested readers and users find you in the first place. And if you don’t want to be read – why publish to the web?

At worst, these allegations are harmful, as they instill an atmosphere of fear and create distrust of using RSS, feeds and aggregation tools. Instead, we need to urge and encourage syndication and use of syndicated feeds, as it enables rich web contexts, which would otherwise not be possible, and makes it easier to direct interest and relevant traffic to sites and subjects of interest. It is above all a tool, which can be used for our mutual benefits – or for spamming and creating yet more “get rich quick” mentality kind of sites filled with stuff the world could care less about (but apparently doesn’t). I am of the opinion that these types of sites may provide their owners with short-term rewards, but ultimately will fade to authentic sites of much stronger lasting value. How to build lasting value, and help these sites and products build lasting value, is what we’re interested in here.

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1 comment so far ↓

#1 A Xerox for the Internet — Captain's log on 12.18.11 at 1:19 pm

[...] request was to jump in and talk feeds and the ‘grey zone of syndication’, as I’ve discussed previously on this blog. But this turned out not to be Søren’s concern. His perception of Kaplak is [...]

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