Newspaper Claims Satirical Blogger Mentioning Its Name Is Trademark Infringement

from the get-better-lawyers dept

Gatehouse Media -- a smaller newspaper chain who actually had done some fairly innovative online things in the past -- has really become rather crazy when it comes to intellectual property lately. First it sued the NY Times for linking to it, then it threatened a forum site for linking to it with headlines and ledes (which most people consider to be fair use). Now it's going even further. Keyop points us to the news that the lawyers for one Gatehouse paper, the Utica Observer Dispatch have threatened a local satirical blogger with trademark infringement claims for the great sin of mentioning the name of the Utica Observer Dispatch.

We wish to advise you that the name, "The Observer Dispatch," that you are using is the property of GateHouse Media, protected by trademark and past usage rights. Your use of such name constitutes infringement of GateHouse's rights under federal, state and common law. Our proprietary rights in such name include the right to restrict the use of the name. It is important that we exercise our right to protect our name. Its serves as an important and distinctive representation of the origin of our products as well as the goodwill of GateHouse Media.

The blogger, Ray Jadwick, definitely makes fun of the Utica Observer Dispatch on his site, but it certainly doesn't appear to be trademark infringement. Making fun of your paper isn't likely to confuse even a moron in a hurry.

Filed Under: satire, trademark, utica, utica observer dispatch
Companies: gatehouse media

Lawsuit Over Use Of Creative Commons Content Raises Contract vs. Copyright Issue

from the the-battle-continues dept

One of the more interesting issues related to copyright law is how contract law meshes with copyright law. For example, there was the recent case (still going through the appeals process) over whether or not a copyright holder (a record label in this case) could effectively wipe out First Sale rights (allowing you to resell what you bought) via a contract. As of right now, the US courts have said no -- and that's important. If you could supercede copyright laws with contractual terms, it would make the limitations on copyright law effectively meaningless, because every product would quickly include some sort of licensing agreement that took away fair use, first sale and other exceptions (including, potentially, the idea that the copyrights might someday expire). This is not a US only issue, of course. Just recently we've seen blogs from elsewhere also start to discuss if contracts can increase limitations beyond copyrights.

However, there is a new lawsuit in the US that may be worth following on this topic. It involves GateHouse Media -- a company that has been ridiculously aggressive in trying to stop others from doing things as simple as copying a headline and a lede. In this case, the primary issue is a little (if only slightly) more reasonable, in that the lawsuit involves a company that sells nice looking plaques to people with a copy of a newspaper article about them or their company. GateHouse offers such a service itself, and clearly sees this competition as infringing.

Where the case gets interesting, however, is that GateHouse's content in this case (from the Rockford Register Star in Rockford Illinois), has its content covered by a Creative Commons "Attribtuion-NonCommercial-NoDerivs" license. The lawsuit covers a bunch of ground, but one interesting inclusion: claiming that the reprints are a contract violation, because they don't follow the Creative Commons license on the content.

For quite some time, Copycense has been banging the drum that setting up Creative Commons as a contractual layer to copyright takes it into dangerous territory that isn't good for copyright law itself or overall public policy. There haven't been too many cases that have tested this point, but it sounds like the GateHouse Media one has the potential to raise certain questions (who knows if we'll actually get answers) about how copyright and contracts relate to each other -- especially within the realm of Creative Commons.

This has been one of my concerns with Creative Commons. Many folks who support Creative Commons licenses are justifiably worried about what happens in cases like the one above concerning promo CDs where the First Sale doctrine gets written out of copyright law via contract. Yet, at the same time, the whole basis of many Creative Commons licenses is based on this same ability to bring contract law into copyright. As much as I like the concept of Creative Commons, this still leaves me worried. The lawsuit itself may not end up challenging this point, but sooner or later, someone's going to do so, and people who think they're on one side of the argument may quickly find themselves on the flip side.

Filed Under: contract, copyright, creative commons
Companies: gatehouse media

GateHouse Media Strikes Again: Claims Headlines, Ledes Are Covered By Copyright, Threatens Forum

from the they-never-learn dept

Remember GateHouse Media? The regional news company sued the NY Times for linking to it, claiming it was copyright infringement to include the headline and a brief snippet along with the link (you know, like Google...). Amusingly, it turned out that GateHouse Media was doing the same thing. Eventually the two companies settled, and apparently that's convinced GateHouse Media that complaining about such links is a good idea.

Via CitMediaLaw we found out that GateHouse Media has sent a cease & desist letter to an online forum, claiming not just that its stories are covered by copyright, but that its headlines and ledes.

We wish to advise you that the stories, headlines and/or ledes that you are copying are the copyrighted property of GateHouse Media... and that your copying constitutes infringement of GateHouse's rights under U.S. Copyright law. This infringement is not excused by links to the original stories or by indicating the name of the publication in which the content originated.

Of course, it's not clear that copyright law actually agrees with that. And, even if GateHouse is correct, this makes no sense whatsoever. It's not as if people reading the Masscops forums are doing so as a substitute for some GateHouse Media news sites. If anything, Masscops is sending traffic to them, and helping new readers discover GateHouse's sites. What sort of company turns down links and traffic? Not one that's long for this world...

Filed Under: copyright, headlines, ledes
Companies: gatehouse media

Want To Know Why Newspapers Are Going Out Of Business? Because Adding Value Never Seems To Be An Option

from the massive-failure-in-action dept

Lots of folks in the newspaper business say that Howard Owens is a guy who really gets the online news business -- and recognizes the challenges and opportunities. I don't know much about him, but I hear such good things from people who I trust, that I have to admit that I'm perplexed by Owens' recent post where he defends GateHouse Media's lawsuit against the NY Times. As you may recall, GateHouse sued the NY Times for effectively aggregating local stories from GateHouse sites and putting them on its own page. These stories all included links back to the original, and didn't include the entire content, but did include the headline and the lede -- which most people (outside of newspaper people) consider to be perfectly reasonable fair use. The NY Times eventually settled in a way that seemed bad for everyone. Owens worked at GateHouse (and was quiet about the lawsuit at the time). He left soon after, and there was some talk that it may have been because he disagreed with the lawsuit -- but that appears to not be the case.

Instead, he has written this lengthy defense of the lawsuit. But rather than vindicate GateHouse, it seems to represent a lot of what's wrong in the online newspaper business these days. When someone who "gets it" like Howard Owens does, and then declares that "I don't know what more we could have done" after describing the various legal threats Gatehouse tossed up against the NY Times, it makes me shake my head.

What more could you have done? You could have competed more effectively. Owens complains about "substitute home pages," where the Boston.com was trying to take away GateHouse's readers. There's a pretty straightforward response to that: if that's all it takes to take away your community, you've failed your community. If the entire value of your site was in providing the headlines and ledes, and someone else copying those headlines and leads causes you to lose the community, you haven't been providing enough value to that community, and you deserve to lose it. Newspapers have neglected their biggest asset, their own communities, for way too long, and this is another example of that. If GateHouse provided a better service where the value went beyond the headline and the lede, there wouldn't be concerns about how such "copying" would take away from GateHouse.

As we've pointed out repeatedly, there are a bunch of sites out there that copy all our content. Not just the headlines and the ledes, but all of the content. Some are pure spam sites. Some are aggregation sites. Some are trying (and failing) to prove the point that we'd get upset if someone copied our stuff. But, that's not what happens -- because this site has much more than just the content. It has the community. It has the Insight Community, where we actually help the community make money. Some of our community members made five figures in 2008. What newspaper has done that for their community? Our community has great ongoing discussions all the time. These other sites can't replicate that. All they can do is end up sending us more traffic.

So, I'm sorry, but the idea that GateHouse Media couldn't do anything else is ridiculous. It's a sign of all that's wrong with online newspapers today. They don't look at all of the amazing things they can do. They just throw up their hands and wonder what they can do, beyond charging people or suing.

Filed Under: adding value, howard owens, newspapers
Companies: gatehouse media, ny times

Gatehouse And NY Times Settle Linking Dispute: Bad News For Everyone

from the this-isn't-good dept

It appears that GateHouse Media and the NY Times have settled their dispute over the NYT's Boston Globe linking to GateHouse's local events site with a snippet of the text (something GateHouse's own sites did as well). GateHouse had little to no chance of winning in court, but it looks like the NY Times totally caved in to avoid having to deal with a long and costly lawsuit. The result is pretty much bad for everyone.

It's bad for the NY Times, because in settling they've almost guaranteed that plenty of other companies will now come seeking similar "settlements." It's bad for GateHouse Media because in winning "the battle" they're losing the war. The NY Times/Boston Globe will no longer be sending them the traffic they were getting in the past. It's hard to describe the level of pure cluelessness that goes into actively turning away the kind of traffic a major media publication can provide. It's bad for readers of both sites, because it limits the usefulness of the content they get. And... most importantly, it's bad for everyone in failing to have a hard and fast precedent set that linking to such sites and including the headline and a snippet are clearly fair use. What a shame.

Filed Under: copyright, linking, news
Companies: gatehouse media, ny times

If You Accuse The NYT Of Violating Your Copyright... You Probably Shouldn't Be Doing The Same Thing

from the oops dept

One of the more ridiculous lawsuits we saw last year was smaller newspaper chain GateHouse suing the NY Times for linking to its site with a headline and brief excerpt on the Boston Globe website. Romenesko points us to news of the NY Times response, which seems pretty damning for GateHouse. Specifically, they show emails from GateHouse officials pointing out that identical activities are clearly fair use, and another email where GateHouse tells one of its own sites to immediately stop doing the exact same thing that it's accusing the NYT of doing. In other words, GateHouse pretty clearly knows that an excerpt, a headline and a link are fair use -- but still went after the NY Times for doing the same thing it did.

Filed Under: copyright, linking, news
Companies: gatehouse media, ny times

Website Sues NY Times For Linking To It

from the 1996-is-calling dept

Back in the mid-90s there were a series of lawsuits over "deep linking" practices, where people who didn't quite understand how the web worked would sue other sites for linking to them without permission. We still see this happen occasionally, such as with the Associated Press's ridiculous assertion that various other sites shouldn't link with a headline in a snippet from an article. However, it appears that some smaller news organizations are just as clueless about the internet as well. Reader Ben writes in to point out that GateHouse Media, a publisher of some local free news publications in Massachusetts is suing the NY Times for linking to them. The full complaint shows a near complete misunderstanding of how the internet works. You can read it here: Basically, the big complaint is that Boston.com (which is owned by the NY Times) has a local section, where it links to GateHouse publications. It does so in ways that are clearly fair use. It includes the headline and the very first sentence of the GateHouse articles, with a link to the full version. This is driving traffic to GateHouse's publications and clearly not taking anything away from GateHouse. But GateHouse claims this is copyright infringement. Furthermore, GateHouse claims that there is trademark infringement because Boston.com accurately shows where the content originally is from and tells you what site the link goes to. In other words, it's helping to promote GateHouse's properties. GateHouse, instead, claims this is blatant trademark infringement. Even more ridiculously, GateHouse claims that this effort by Boston.com, which helps get it more attention and drive more traffic to its properties is somehow unfair competition. I only wish we had competition like that.

Perhaps most interesting of all, GateHouse is charging the NY Times with breach of contract, because (of all things) GateHouse uses a Creative Commons license on its content -- though it uses the Attribution, Non-Commercial, No Derivatives license -- and it claims that Boston.com's use is commercial, and thus a contractual violation. This highlights the problem Creative Commons has with its non-commercial licenses. It's pretty clear the intent of such licenses is to prevent a company from reselling the works. But when it's being used to directly drive more traffic to the original site, it's difficult to see how any sane person would see that as a violation of the intent.

Either way, the end-result of all of this is that other websites have already come to the conclusion that it's just not worth linking to GateHouse sites at all. Consider it a stupid lawyers tax. Suing people for sending you traffic has to be, perhaps, the most braindead business strategy around, these days.

Filed Under: copyright, deep links, news, trademark, websites
Companies: gatehouse media, ny times