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Summary:

Flipboard, a new content-browsing app for the iPad, raises many of the same thorny copyright issues that Google has been dealing with for years on Google News and Google Books. Is it a value-added service that content publishers should be thankful for, or a copyright-infringing parasite?

Flipboard, a new content-browsing app for the iPad, emerged on the scene this week to much acclaim — so much that the service was hobbled by the demand. But uptime issues are just one of the thorns that Flipboard has to worry about as it tries to build a company around its application. That’s because the iPad app also raises some fairly sticky issues related to copyright, as Joel Johnson has pointed out in a post at Gizmodo. In many ways, Flipboard has opened itself up to the same kinds of legal headaches that Google has been battling related to Google News and Google Books.

When Flipboard first appeared, I assumed that it was essentially a new kind of RSS reader, and that it would pull articles or blog posts in via the public content-distribution feeds from various sites that people linked to in their Twitter or Facebook streams. But as co-founder and former Apple engineer Evan Doll describes in the Gizmodo post, Flipboard actually pulls the content from sites that are linked to directly, by using its own “parsing” engine, and caches all of that content on its servers.

As web-programming guru Dave Winer — developer of the original RSS standard — noted in a blog post after Flipboard launched, doing this is known as “scraping.” Plenty of unscrupulous sites and services scrape content in this way, and republish it without asking the permission of the content creator or whoever owns the rights to that content, which is pretty clearly a breach of copyright law. Although the principle of “fair use” allows others to republish some content for certain purposes, it doesn’t allow another site to take all of the content without permission (for more on the complexities of fair use, see this EFF backgrounder). In the case of a photo blog such as Boston.com’s Big Picture, for example, the Flipboard app pulls in all of the photos.

This raises the same kinds of issues Google News has been wrestling with for several years and that have gotten it into hot water with content producers. The service pulls in content from newspapers and other publishers — which it caches on its servers — and displays it, and links back to the original source. As Flipboard co-founder and CEO Mike McCue told PEHub in an interview, the iPad reader also pulls in the full content, but only shows the reader a small chunk, with a button that leads to the entire article. McCue says that Flipboard respects companies that don’t want large amounts of their content shown, such as the New York Times (another iPad news reader called Pulse recently got into trouble with the NYT for pulling in more of its content).

Google has made the same arguments about Google News — namely, that it is willing to honor whatever restrictions publishers want to place on their content, and that the robots.txt file allows them to block or direct Google’s indexing engines however they wish. Content companies, however, have argued that copyright law shouldn’t put the onus on publishers to opt out of scraping, but should require companies like Google to get permission first. Both newspaper companies and book publishers have also argued that regardless of what they do with robots.txt files, Google copies their content in full on its servers, and this is also an infringement of their copyright.

Another key factor in arguing “fair use” of content is whether it affects the economic value of the original, which is likely one reason why Google News didn’t carry advertising on its pages until recently — since newspapers and other content producers could argue that it is using their content to generate revenue. Flipboard is wading into this thorny issue as well, since it plans to carry advertising in the app (CEO McCue says that the company is looking at working with content companies to carry their ads, but may also carry some of its own as well).

More than anything, what these ongoing debates show is that copyright law is woefully inadequate in dealing with the way content is atomized and changes shape on the web, and through apps and services like Google News and Flipboard. The courts have yet to find a way of balancing the rights of content creators and the benefits that such services provide for readers and consumers, and so the debate rages on. Are they parasites, or value-added services that publishers should be thankful for?

Related GigaOM Pro Research (sub req’d):

  1. [...] Flipboard Wades Into Murky Copyright Waters Where Google Lives [...]

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  2. I don’t know how Flipboard works, but there is some misrepresentation of Google in this post. Google only publishes snippets of content from other sites, snippets which are well within the boundaries of ‘fair use’ practices. The only time Google publishes an entire article on Google News is when it is from syndicated content that Google has the rights to publish in entirety. It is unfortunate that this article doesn’t do a good job representing Google’s practice accurately.

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    1. Thanks for the comment, A S, but I don’t think Google is misrepresented in the post — just like Flipboard, it displays a short excerpt of the article, although in most cases (as with books) the entire content is indexed by the company and stored on its servers, even if it is not shown.

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  3. I use Flipboard and I really like it. Websites are awesome on my iPad, but something about a magazine format really takes these things over the top. I think they could make a good case for similar technologies already being out there. What exactly is the difference between this and “WebClips”?

    Right now, I can click the WebClip button in my Safari toolbar and select a portion of a website (the stock ticker or top story section on CNN.com, for instance). Whenever I hit the key on my keyboard to launch Dashboard, I have a widget of just that portion of the site. I am effectively scraping part of a web page. What else is Flipbook if not a collection of Webclips that are often reformatted?

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    1. Usage of WebClips is mainly for your personal use. Usually restriction came when someone use it as their business model. In this case Flipboard building their business on the publisher content, which sometime raise eyebrows. Usage of RSS feed also very controversial sometime, in most of the terms condition it is not to use for any commercial purpose.

      And if you read few terms of condition, it is mentioned not to to store content from another site. It is only for consumption.

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  4. I have a problem with the last sentence of this post that says the real problem is not flipboard and its content scraping business model, but rather copyright law. The reality is that a service like this should get permission before using content that is packaged in this way.

    I agree with the comment above that takes issue with the comparison to google news. Google news uses a thumbnail and a blurb, this takes whole images and creates virtual covers and complex layouts. The software is cool, but the way they suck up others content is not.

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  5. You can call me Al Saturday, July 24, 2010

    One big missing piece: Flipboard also removes the ads from the content sites where they “import” (ie scrape) news from.

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  6. Why all the question marks about this? Flipboard is clearly violating copyrights and the terms of use of the many sites it scrapes. Read the terms and about fair use. I wouldn’t be surprised if media companies pursued legal action against the maker in the days ahead. I wonder how Flipboard’s maker would react if another software company decompiled Flipboard and released an identical, copied version on the App Store.

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  7. “Both newspaper companies and book publishers have also argued that regardless of what they do with robots.txt files, Google copies their content in full on its servers, and this is also an infringement of their copyright.”

    The link in this sentence points to a Reuters piece on a french court ruling against google scanning books. That’s an entirely different issue and nothing in the Reuters piece suggests that Google copies content in full on its servers regardless of what robots.txt of the website concern says. Do you have a source that demonstrates this specific point?

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    1. Thanks for the comment — that was probably a poor choice of phrasing on my part. I didn’t mean that Google caches content regardless of whether a site uses robots.txt (which has a “noarchive” option), but that book and news publishers are upset about that caching despite the existence of the robots.txt exclusion ability.

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  8. [...] app for the iPad called Flipboard and copyright. While the “scraping” the app does is apparently similar to what Google News does, there is a renewed focus on how existing copyright laws cannot handle new modes of information [...]

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  9. [...] Sarver also talked about deals Twitter made with Kiva and Etsy to display embedded content when users tweet links to their pages. Again, these are a move to display more content formatted inline so users don’t have to click through. You can expect Twitter to expand these widgets to other sites, he said. I asked what Twitter might do to help preview links to web pages — after all Williams said 25 percent of tweets contain links, and not all of them are to media files. Sarver said the company has thought about doing something like pulling full text from RSS feeds when possible, but the problem is RSS is too slow (even with PubSubHubbub). Many times people tweet links to articles before it’s ever been transmitted to RSS, and that delay would break the system. An alternative would be to do something like take snippets of stories like the iPad app Flipboard does, but Sarver said he wasn’t sure that was a great solution either given copyright implications. [...]

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  10. [...] — rather than just sending you to the website when you click an excerpt. There have been some concerns raised in the past about how Flipboard scrapes content from websites and shows excerpts, and whether this is covered by the “fair use” exemption in [...]

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