Monday, January 26, 2009

Gatehouse and NYTCo. Reach Settlement in Aggregation Dispute

Update 1/28/09: Dan Kennedy has the full text of a memo
from Rick Daniels, President of GateHouse Media New England explaining to GH employees about the settlement...

Just in from @NeimanLab on Twitter: GateHouse v. New York Times Co. has been settled, court officials say. (ZMS) (settlement reached over the weekend--see below)


Settlement in GH v. NYT Co. was encouraged by Dan Kennedy & others as way for both parties to avoid wide-reaching ruling on links. (ZMS)

Here's a short piece from the AP on the matter

This is incredible! and the right move. As I spoke last week w/a reporter from the Boston Globe, I felt there was no way out of this for either party that wouldn't
inflict some serious damage to the fabric of the Web.

I can't wait to hear about the settlement. I have a feeling that Gatehouse will settle for having their feed removed, and, perhaps, for a small amount of money.

Another reason for settling is that Gatehouse may have been called to reveal their traffic logs--as an analysis of their traffic logs would be the only thing that would help the court conclude that Gatehouse was indeed losing traffic to NYTCo. But, Gatehouse may have felt that to reveal their traffic logs would have been more than they wanted to reveal.

It might have felt too much like they would be revealing some of the seasoning that makes their online sausage. (pardon the cheezy metaphor)

Overall, though, I'm not surprised that they reached a settlement. That's what happened in AP vs. Drudge Retort, a case that would have, essentially, forced the AP to specifically define what is a sufficient amount of text for Fair Use in text-based media (like it is for certain uses of film and music.)

Latest update from @NeimanLab: Court officer says GH v NYT was settled this weekend; court notified Sunday afternoon. No documents filed yet. That's all for now. (ZMS)

Guess we'll have to wait to know more...

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