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Web Site Sued For Scraping Blog Content Sans Permission

Discussion in 'Blogging' started by The Scarlet Pimp, Nov 11, 2010.

  1. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

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    beware, kiddies! lifting web site content for your blog can get you into trouble. Web content is NOT public domain

    Note the wisenheimer retort from the editor. Bet she's sorry she wrote that... :p

    Monica Gaudio, who wrote a story about apple pies, is finding out that some people think that "public domain" means they can take your work and print it without your knowledge.

    No publication has the automatic legal right to publish another blogger's work without their consent and make a profit off it (at least according to the US government) - and she and an army of angry online writers are not letting Cooks Source Magazine get away with it.

    Gaudio recounts on her blog that she was surprised to find out from a friend that she had been published in Cooks Source Magazine. After contacting the editor Judith Griggs numerous times, asking for a donation to Columbia University Graduate School of Journalism of $130. for compensation, an apology in the magazine and an apology on Facebook, she claims she received this response from the editor:

    Yes Monica, I have been doing this for 3 decades, having been an editor at The Voice, Housitonic Home and Connecticut Woman Magazine. I do know about copyright laws.

    It was "my bad" indeed, and, as the magazine is put together in long sessions, tired eyes and minds somethings forget to do these things.

    But honestly Monica, the web is considered "public domain" and you should be happy we just didn't "lift" your whole article and put someone else's name on it!

    It happens a lot, clearly more than you are aware of, especially on college campuses, and the workplace. If you took offense and are unhappy, I am sorry, but you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally.

    Now it will work well for your portfolio. For that reason, I have a bit of a difficult time with your requests for monetary gain, albeit for such a fine (and very wealthy!) institution.

    We put some time into rewrites, you should compensate me! I never charge young writers for advice or rewriting poorly written pieces, and have many who write for me... ALWAYS for free!


    http://techland.com/2010/11/04/is-the-internet-public-domain-for-print-publications/

    http://illadore.livejournal.com/30674.html
     
  2. Millygirl

    Millygirl Regular Member

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    Been reading about it. Hope she gets sued.
     
  3. wickedguy

    wickedguy Supreme Member

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    She must be out of her insane mind!! haha

    Taking someone else's work, rewrite it it to her liking and want compensation on top of it all!

    F* this is a F* up world. I think she WILL be sued!
     
  4. ADHD-Dude

    ADHD-Dude Power Member

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    That is not scraping, it is just copying a blog in a magazine
     
  5. wickedguy

    wickedguy Supreme Member

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    That is stealing someone's work, does not matter if it's in electronic from!:eek:
     
  6. paincake

    paincake Power Member

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    You do realize that a lot of members of BHW run autoblogs (which means they copy (steal) content on a daily basis), don't you??

    I guess it all depends on where you want to draw the line. For example, wprobot takes articles from articlebase and you can choose to leave all the links untouched in the article; and a lot of people write articles for the sole purpose of autoblogs copying them, because they get link juice and affiliate link clicks.

    Also, consider this: most of the news on the internet are copied/rewritten, it's not like every blog/news portal editor writes their own stories/takes interviews.

    I guess, in this case, it's not that bad, especially because the magazine did give a lot of publicity to the blog owner.

    This, however, is not cool at all, in my opinion:
    http://www.reddit.com/r/WTF/comments/e3sxw/somebody_copied_my_site_and_republished_it_500000/ (some guy copied a single site with 500k pages and is earning money from adsense)
     
    Last edited: Nov 11, 2010
  7. SleepieGirl

    SleepieGirl Regular Member

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    data that is published via RSS is meant to be syndicated its not stealing.
    scraping a website to an autoblog is definately stealing...
    just remove the posts everytime you get a dmca no fuss no muss...
     
  8. Nookie Monster

    Nookie Monster Senior Member

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    Guess the editor of the magazine didn't read the standard footer of almost all blogs !

    Copywrite 2010 This here blog
     
  9. saxgod

    saxgod Regular Member

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    You don't need to point out it is under copywrite. Copywrite law states that every word anyone writes falls under copywrite, no matter the subject. You 'own' the words, the content, that you wrote, and law states that nobody may copy it without your explicit permission. So if there is no explicit permission that says: you may copy or use this (like GPL or CreativeCommons or copyleft) assume it is under copywrite.
     
  10. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

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    The editor should have known that she didn't have a legal right to copy, rewrite, and then publish content without the original author's permission. Just rewriting it doesn't protect you from being sued.

    She was even offered a chance to settle for $100. paid to the school.
     
  11. schwagoo

    schwagoo Jr. Executive VIP Jr. VIP Premium Member

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    yea.. that $100 donation is going to seem like a real good idea after she shells out tens of thousands in legal bills...
     
  12. c0ntenth|ef

    c0ntenth|ef Power Member

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    even if somebody thinks that they are writing original content,by writing what comes to their mind after they have done their research about a certain topic and then collect the info together but thats still considered scraping content(info) in the end, pure 100% original cocntent is rare to find on the www.
     
  13. ghastly

    ghastly Newbie

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    The editor seems so rude.I don't know but she benefited from the blog for free, then she also insulted the original writer of the blog.
     
  14. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

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    i wonder if that editor is still working there :confused:
     
  15. marketsmart

    marketsmart Junior Member

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    exactly.

    it costs a decent amount of change to sue someone, especially in another state.

    any decent attorney will tell you it's not worth it unless they refuse to honor a takedown request...
     
  16. david wright

    david wright Regular Member

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    What if the editor had just spun the bloggers content? I bet we wouldn't be even talking about this ;)
     
  17. Millygirl

    Millygirl Regular Member

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    Logically the answer should be no.

    People started digging into the magazine's past articles and found some articles lifted from big names like Disney, Martha Stewart, and the Food Network, etc.. Also some photos were found to be stolen by the magazine too.

    Here is a list of plagiarized articles and/or photos:
    Code:
    https://spreadsheets.google.com/ccc?key=0AmTaIPHPnkSedGFhbHo1d1FIR2oxNWJLaDZLeXhEVEE&hl=en#gid=0
    And people were leaving angry emails and phone calls to the magazine's advertisers. Many have pulled their ads even though they paid months in advance. From what I understand, the magazine was "for profit" and needs their advertisers to get by.

    For a list of sites and other information check out:

    Code:
    http://knowyourmeme.com/memes/cooks-source-recipe-plagiarism-scandal
     
  18. Cnotey

    Cnotey Power Member

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    Burn her at the stake.
     
  19. david wright

    david wright Regular Member

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    So you want The Best Spinner users burned as well?

    Her only mistake was not spinning this article and making it unique. But when you think about it there's countless people out there on the net stealing other people's content, spinning it and using it to make money themselves.

    Her mistake was probably not spinning it to make it unique or not knowing about spinning ;)
     
  20. Longover

    Longover Power Member

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    Wow! The editor is probably going to get sued just for being a b****. If I got a response like that, I would get a lawyer and then call her up.