This copyfight has no winners.
Rodgers did not win. Rodgers conformance, compliance, or capitulation, is his alone. It does not apply to you or I. It is not a victory in any real sense. The closest description is a cease fire. Hostilities will resume.
In every case it was an excerpt, which is ‘Fair Use’ and does not require the author’s permission, regardless of how much they wish to the contrary.
AP did not win because they attempted to legislate “Fair Use” by intimidation. The AP saying ‘quoting a headline and the lede paragraph of a story’ is infringement is crap. It is AP’s attempt to maintain control over it’s ‘product’, the hook and the summary, (also known as the AP Style) with a headline and first paragraph, with the rest of the story explaining the first ‘graf’. They would really like to make this Infringement, because if you quote that, the story is basically over, you have the sizzle and the steak, the rest is fat and bone.
AP will need a bunch more lawyers to file DMCA notices, because unless they go back to the teletype, and have their owner-members erect paywalls, it will be quoted.
Robert Cox gets an atta boy for his work in resolving this specific issue, Back Story on How AP and Drudge Retort Come to Terms especially in the speed of getting a large organization like the AP to make a decision without months of meetings, focus groups, and balloting, but gets a big aw shit for trying to sell us insurance, regardless of his statement of no commission.
We didn’t win, as what we think about excerpting and Fair Use is no clearer today than it was last week.
