TWiL Discusses Implied Licenses on RSS Feeds
By Jonathan Bailey • Jan 29th, 2007 • Category: Articles, DMCA, Legal Issues, Linkworthy, NewsThis Week in Law (TWiL), a podcast with lawyer Denise Howell done in tandem with the popular This Week in Tech (TWiT) podcast, discusses the issues of copyright, RSS feeds and implied license in its most recent podcast.
With special guest Jason Calacanis, blog entrepreneur and former head of Weblogs Inc., the panel reaches roughly the same conclusion that I did back in August, that there is no implied license to scrape RSS feeds.
At nearly an hour and a half in length, it’s a long podcast but it’s a great discussion about all things copyright and RSS. It’s a must-listen for anyone interested in these issues, no matter what side you are on.
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Jonathan Bailey is The Webmaster and author of Plagiarism Today, which he founded in 2005 as a way to help Webmasters going through content theft problems get accurate information and stay up to date on the rapidly-changing field. He is also a consultant to Webmasters and companies to help them devise practical content protection strategies and develop good copyright policies.
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[...] Lawyers seem to agree that there is no implied license with RSS, and definitely not one with HTML, Dapper is still skating on dangerous ice and needs to rethink how it approaches unregistered sites. [...]
[...] Six Apart allows this to continue are dubious at best. Legal scholars have already agreed that there is no implied license with RSS feeds, this use, as long as it is executed without permission, is basically copyright infringement. [...]