Friday, December 19, 2008

Arianna Huffington's Web site reprints the work of others without permission. Just try it here. The 504 don't play.

Posted by Kevin Allman on Fri, Dec 19, 2008 at 5:29 AM

I've written on my personal blog about my extreme objection to Arianna Huffington and the Huffington Post's model of using the work of others for free, then selling ads around it. (Net result: bloggers and writers get "exposure," Arianna gets money from ad sales.)

As a journalist, I have made repeated requests for an interview with La Huffington on the subject...and gotten nowhere.

Now our friends at the Chicago Reader (a fellow Association of Alternative Newsweeklies publication) have found that Arianna's site is committing a new outrage: it's lifting, verbatim, the newspaper listings from the Reader and presenting them in toto on the Huffington Post site.

Without permission. Without pay. That's called theft, Arianna.

And it's not just the Reader. It's Time Out Chicago. And Centerstage. And the Decider. And lots more from the Reader.

The editors of those papers are, naturally, P.O.'d. Fortunately for them, they have not been through a levee collapse, dereliction of government at all levels, the ongoing I-10 construction nightmare, Derrick Shepherd and Vince Marinello and Ellenese Brooks-Simms, the Army Corps of Engineers, continued civic malfeasance on a scale that would make the Duvalier régime blush, crime that would be ridiculous if it wasn't so tragic, and a football team that sends us reaching for the Xanax every Monday. In short, the rest of the country don't know from P.O.'d, and we could teach them a thing or three.

So I'll take up cudgels here, and draft this personal note to Arianna:

Dear Ms. Huffington:

There's a young man who sits in a drab cube outside my office. His name is Alex Woodward. Talented fellow. While you're up in Malibu, bathing in koala milk or whatever, dictating your latest "progressive" missive while you plan your next Bill Maher appearance, Alex spends every day typing listings into a database for the benefit of our readers in print and online. He works hard, he does a damn good job, and, like most journalists, he's not paid enough. But we do pay him a living wage, which is more than you do for most of your flying Web monkeys. (As your minion Ken Lerer told Cnet.com in 2007, paying for content is "not our financial model.")

Good Lord. Even the most rapacious of outsourcers pay the poor sods who actually make their own salaries possible, even if it's just a pittance. But they don't have the stones to call themselves "progressive" and then go on Jon Stewart.

If people want to write for you for free, that's their lookout -- and, in my opinion, their stupidity. ("Exposure" never paid the rent, much less bought a po-boy lunch.) And if you want to call yourself a "progressive," that's your lookout as well, though all it does is cheapen a language that's already on fire sale in our devalued linguistic economy.

However.

If you or your minions ever copy-and-paste anything out of our copyrighted publication (or from our city's fine bloggers), you'll find out just how P.O.'d we can get down here in the 504.

We don't need you, we don't want you, and we're not scared of you. We've got Southern lawyers, we've got righteous anger, and we've got bloggers with tongues sharper than a Beverly Hills surgeon's knife.

And if Chicago wants to lead the charge against your faux-"progressive" politics, we'll be in lockstep behind them. Just don't touch our stuff. Yahearinme?

Mess with Chicago, or Texas, or Malibu all you want. But don't mess with New Orleans.

Here's what our Chicago compatriots say about your lifting of their material. And I agree, heartily:

You want to do a post that says, "According to Jessica Hopper, Bon Iver rules, check 'em out, go here for the info," fine. But taking an entire concert preview is bush league. Doing it as a practice is just beneath contempt. If the future of journalism--which everyone keeps telling me the Huffington Post represents--is a bunch of search-engine optimization scams, we have bigger problems than Sam Zell's bad investment strategies.

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aggregation is a very grey area of on-line news presentation. If you make your RSS feed available to the public to read in the reader of their choice, why is it illegal for a site like HuffPo to offer themselves as the "reader of choice?" If you don't want your stuff lifted by news aggregators, there's a simple solution: publish the RSS feed for your site as a "summary-only" feed.

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Posted by YatPundit on 12/19/2008 at 12:44 AM

Here's a simpler solution: don't cut and paste 100% of a writer's copyrighted work on your own Web site and then wuss out by claiming you're an "aggregator." Huffington Post is not Google Reader; it's a news Web site that profits off the work of others by selling ads, and now they're just reprinting content written by others. The works cited at the links were not aggregated feeds; they were original content, copyrighted by their writers or owners.

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Posted by Kevin Allman on 12/19/2008 at 12:57 AM

No, Huffington post is practicing classic black hat plagiarism. Plain and simple. I had this happen to me on a site I run where another local site was lifting verbatim the whole work of others so that it was very vague and downplayed where the source was and the link to that source was also downplayed. It is fairly standard copyright infringement at this point (and has been proven in courts) is certainly a major and very standard internet protocol NO NO. It's also certainly a way to make major enemies online. Huffington Post needs to cut that crap out. Pronto.

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Posted by Lizzy Caston on 12/19/2008 at 1:53 AM

I agree with you 100% Mr. Kev. In this modern age of all too easy digital piracy, we have an entire generation that doesn't know and doesn't care about intellectual property rights. And since so many twenty-somethings are guilty themselves of copying music, words and pictures without permission and beyond the limits of fair use, sadly I think you're going to find it hard to rally much collective outrage from the online community. Not trying to discourage you, just making sure you know what you're up against. Peace, Tim

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Posted by Tim on 12/19/2008 at 8:11 AM

I love it when you get angry, Kevin. Damn. I had no idea the HP was essentially a scraper blog.

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Posted by Rachelle Matherne on 12/19/2008 at 9:46 AM

yeah, because Google is all high-minded and would never put someone else's ads next to your content while I'm reading your RSS feed, right? call the wahhhambulance! Like I said, you want to stop the hijackers? Stop whining and use the technology to your advantage.

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Posted by YatPundit on 12/19/2008 at 9:47 AM

First let me say that no, HumidCity does not pay its bloggers, but then we also do not make a penny of of these bloggers like Huffington does. As a matter of fact the hosting and other costs are borne entirely by my personal bank account in order to provide it as a platform for important voices here in NOLA. This is the big reason I do not bother with the Huf Post, it is basically a scam as far as I can see. An opportunity to make money off of the works of others who do not get paid. As a writer and web content producer I find it offensive and lacking in business ethics. This model was something that turned my stomach even before the plague of job loss our recession brought to the table. Now as I see many of my journalist friends suddenly without income it is intolerable. I applaud the Gambit for taking a stance on this issues when few if any have had the intestinal fortitude to do other than sing Ms. Huffington's praises. This a brave stance to take and one that I will back you on in any way I possibly can.

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Posted by Loki on 12/19/2008 at 9:47 AM

Loki, what you and Humid City do - a writers' collective, not for profit - is entirely different than the HuffPo model. It's an open mic for New Orleans voices. That's good. Ed, should Arianna start reprinting our copyrighted material (most of which isn't RSS-fed) and selling ads around it, we wouldn't be calling the waaaambulance, but a lawyer.

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Posted by Kevin Allman on 12/19/2008 at 9:54 AM

It seems a pretty open and shut case of copyright infringement. I'm surprised no one has sued yet. The penalties are pretty stiff, including all profits - just ask RIAA or MPAA. I recall AP was trying to sell 10 word quotes for about $20 per use recently.

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Posted by mominem on 12/19/2008 at 10:12 AM

Just to inform the debate, here are the four factors viewed to determine fair use ("quoted" from Standford.edu): 1) the purpose and character of your use (to generate page hits) 2) the nature of the copyrighted work (to generate page hits and push copies of the physical publication with its advertising) 3) the amount and substantiality of the portion taken (the whole f'ing thing), and 4) the effect of the use upon the potential market (who wants to go and read all these other sites when I can read it all here?) No waaaaambulance required. I think it's also doubtful that HuffPo only steals RSS'd content with that specious reasoning in mind. Yeah, I can publish my thoughts in a book, but does that open it up for "aggregation?" In my case, no. My thoughts are way too angry and bitter (right David?), but still...

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Posted by Duff on 12/19/2008 at 10:23 AM

Amen, Kevin!

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Posted by Huong on 12/19/2008 at 10:46 AM

Google as far as I know provides links to the original content, with a brief "tease". Huffington is taking the whole article , reformatting it to fit their site and providing a teenie weenie link in the form of a byline. Not the same thing at all.

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Posted by mominem on 12/19/2008 at 12:45 PM

Yes, Mominem, it's called scraping and is unethical and is also potential illegal copyright infringement: http://en.wikipedia.org/wiki/Web_scraping Regardless, Huffingtonpost are proving themselves as a**hats in this.

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Posted by Lizzy Caston on 12/19/2008 at 1:17 PM

I don't think its potential infringement at all. It's a slam dunk.

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Posted by mominem on 12/19/2008 at 1:23 PM

I don't mind if someone lifts my posts, but I do mind if there are ads associated with it. I've run a few sites over these last 8 years, and I never have ads. Same goes for my Blog. These are my things and I refuse to cheap myself out. It costs me about $200/year, but its all mine.

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Posted by GentillyGirl on 12/19/2008 at 1:59 PM

I publish my blog under a CC license, noncommercial attributed. If you want to repost the whole thing simply give me credit and I'm good. Just don't try to make money off it.

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Posted by mominem on 12/19/2008 at 4:17 PM

I have to admit Kevin that until the day you asked me to write something for this website for money I would have never thought to worry about getting paid for anyone posting something I wrote on my own blog. I guess because I always did it for the love of writing and never had any plans for financial gain. I know you take a strong stance on this issue and I respect that. I have to admit that the first time I opened the envelope and saw a check for words I created I felt such an accomplishment. It didn't matter how much it was. After that I saw your point in writers being paid for their words. If by some chance anything I write makes it to the Huffington Post please remind me to be upset. I would be so excited to see my words on that national site that I will forget that they should have paid me. Bloggers that think like I do are probably why they have been doing this so long without bigger problems.

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Posted by Clifton Harris on 12/19/2008 at 4:33 PM

Great post, Kevin. Ariana is a parasitical trend hopper as well as (to use a term she'd understand) a malaka.

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Posted by Adrastos on 12/19/2008 at 5:39 PM

Rock and Roll, Kevin! Ummm errrah, we ok, eh? The Ladder loves Gambit no lie. Salami Salami...ya'knowit ya'knowit. I call it stitch'hiking. Did I say we love Gambit? Yeessssss... Money is as honeydoo! Editilla We're ok though right?

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Posted by New Orleans Ladder on 12/19/2008 at 6:22 PM

I'm wit'Gentilly. No Ads Boooo'rah! That said, we don'doo ad revenue either on the Ladder. Just gets in the way really and when you need to bloody some nose it's good to not have that in the way. By the way... We do hang people's ads though. Lift'em right off'a their site. I love these people. If any you'z gimme a call they gone.. but it is an honor for me at least. Kevin, did I tell you how much we love Gambit? Anyway, also Craft Mafia, Dirty Coast, Ashley Morris... Because I want people to go and give them money. Hell,you don't have to pay me for that. I go and give'em my own money. I've paid to read Kevin Allman, Clancy and the lot. (oh brudha how I paid:) But... Cliff, I'd pay to read you in a heartbeat. Nola writers are so badass. But Arianna can suck my toe. Toe'suckin's free, right? Ummm, ya'know we love Gambit, right? Editilla

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Posted by New Orleans Ladder on 12/19/2008 at 6:35 PM

In the near future, everyone will either have to own his or her own business and solicit funds from foundations, etc. or a nonprofit, or you'll never work at all past age 35. And your business or nonprofit will employ only those younger than 35, or hire unpaid interns or AmericaCorps volunteers. It'll be one big Ponzi scheme--lamentable, but at least with tasty multi-level marketing snacks, a la the kind a former neighbor involved in some Amway-ish company gave me before moving a couple of years ago, who I regularly talked to despite the sales pitches because she was hotter than she had any clue about. Sorry for the run-on sentence, but I wasn't getting paid for that. Anyway, we can stop this near-certain future, but only via eternal vigilance, smarty pants mocking of those leading the way, etc.

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Posted by Ray M on 12/19/2008 at 6:58 PM

Make that under or over 35 rule also attendant upon whether one is willing to be complicit in or is ignorant of one's own beyond-the-pale level of exploitation.

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Posted by Ray M on 12/19/2008 at 7:03 PM

"...bathing in koala milk." That is f'ing hilarious. And agreed, wholeheartedly, with the rest of your post Kevin.

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Posted by Robert on 12/22/2008 at 3:39 PM

HuffPost provides a link to the original article, and there are no laws in place that outlaw such a practice or require seeking permission. Bloggers do it, as do other online news sites who can't afford investigative reporters of their own. The HuffPost also solicit their own advertisers and use ad revenue to help pay their small staff.... just like the Gambit Daily online. So why single out Arianna Huffington? Probably because you read it in another publication and you are not an investigative reporter who has the time or skill to locate original stories. I also noticed the ads surrounding your blogs. I assume that just like Arianna Huffington, the revenue from those ads does not go into one person’s pocket, but instead goes toward the maintenance and salaries that keep the publication going. The problem with blogs of this sort is that they are not impartial. They are usually highly opinionated and impassioned, and rarely are they centered on their own original intellectual property.

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Posted by anna b on 12/27/2008 at 6:17 AM

Hi, Anna - My objection isn't to Arianna (or anyone else) excerpting and linking to other articles. What her staff in Chicago was doing was taking stories in their entirety from elsewhere (especially the Chicago Reader) and using them as content on the Huffington Post. We'll single out anyone who tries that with our work or intellectual property. To the HuffPo's credit, they stopped the practice as soon as it was publicized they were doing so. But they shouldn't have to be told to do so

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Posted by Kevin Allman on 12/27/2008 at 11:04 AM
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