DES MOINES REGISTER SINKS DISASTER RELIEF [UPDATED]

by Oops Pow Surprise on Jun 16, 2008 11:02 PM CDT Comment 34 comments

As you may recall, we posted an article about the unprecedented flooding ripping through Iowa City and Cedar Rapids this weekend. The sole purpose of the post was a call for our readers to donate either time or money to the efforts, and to drive the point home, we embedded a video from the Des Moines Register's website. We're pretty sure it was this one.

You may also notice that the video is no longer up, and instead a benign reference to the Register posting said videos. Why's that? Well, you may certainly ask Kathy Hickman of the Register. Or better yet, let's let her tell the story. Here is her note, in completely unedited form:

Subject: Copyright
Department: General Information

Name: Kathy Hickman
Email: khickman@dmreg.com

Comments:
It has recently come to the attention of the Des Moines Register that you have improperly posted a video, the rights to which are held by The Register. A copy of your unauthorized use can be found at www.blackheartgoldpants.com/2008/6/15/552422/the-flood.

As the copyright owner of that video, The Des Moines Register has the exclusive right to its reproduction and distribution. We therefore ask that you immediately remove the posted article from your website and cease any and all further use of the material. Any continued posting or use will be considered willful copyright infringement.

Within 24 hours of your receipt of this email, you should reply to this message by confirming that: 1) each and every posting of Des Moines Register material has been taken down and 2) you will not engage in any further unauthorized copying of Des Moines Register materials.

If you do not take the steps outlined above, this matter will be turned over to our attorneys for further action.

We shit you not. Consider the following facts:

1. The page on which the video was originally posted provides code for blogs to embed said video;

2. Nowhere on the page (or anywhere on the path from DesMoinesRegister.com homepage to the destination page) is there listed any terms of use, much less anything related to copyright infringement;

3. The footage was being used to call for donations to charity in the wake of a local natural disaster, in hopes that a visual representation would further stir the emotions of viewers;

4. We linked back to the Register in the original version of the article, well before the C&D letter arrived;

5. The Register provided the embed code (Sorry, but it bears repeating).

Ms. Hickman did not respond to SBN's request for more information, unfortunately, so we can't apprise our readers of the situation any more than this. We're pretty sure you've got all the information you need, though.

We don't particularly care for legal battles (especially over a video that automatically plays, which is its own pain in the ass), so the video's down now. Congratulations, Des Moines Register. You won't be bothered by us utilizing your Embed feature anymore. Nor will you worry about any increased bandwidth charges from us linking to you. As a matter of fact, we'll not cite, source, or in any way allude to anything you folks do from here on out.

We, after all, have standards.

UPDATE: From Des Moines Register Assistant Managing Editor Chris Snider:

This was a misunderstanding. I apologize on behalf of The Des Moines Register. Simply an employee trying to do their job but not completely understanding our new technology (we recently got embed code on our videos). I take full responsibility for not making this clear to everyone on staff.

So that, my friends, is that (though Bucketochicken's point in the comments is not without merit). Thanks to Brian, Holly, Orson, Peter, Will, and anyone else who wrote a post, sent an email, or - most importantly - sent a donation. And thanks to the DMR, who took an otherwise innocuous post asking for flood assistance and, through its actions, brought it to the attention of the entire sports blogging community. The Red Cross certainly appreciates it.

2 recs | Comment 34 comments

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Comments

I'm APPALLED.

Glad Ms. Kathy Hickman was holding down the copyright non-infringement fort while the BHGP were out, y’know, SANDBAGGING THEIR TOWNS TO PREVENT FURTHER DISASTER. She’s a true American hero.

by Holly on Jun 16, 2008 11:10 PM CDT reply actions 0 recs

Her PR Skills

FAIL

by eleventy on Jun 16, 2008 11:43 PM CDT reply actions 0 recs

good

grief. Well, I’ll find somewhere else to link when it comes time to talk about the Iowa State – Nebraska games in the future.

Asses.

Go Big Red Nebraska!
Our Cobs Are Bigger Than Yours!
Corn Nation!

by corn blight on Jun 17, 2008 12:26 AM CDT reply actions 0 recs

Fuck that

I’d take on the legal battle. I know one of you gents have to have legal friends (I’m looking at you, Hawkeye State), and that’s retarded. If I didn’t need my own legal job in this state so bad, I’d be sending a letter of my own to Ms. Hickman. Bitch.

by imadirtyoldman on Jun 17, 2008 7:38 AM CDT reply actions 0 recs

Not our call

SBN makes the call on whether we comply or not. They asked that we comply, and then they allowed us to write this post. I’ll gladly fight this one in the jungles of Blogfrica.

"Who gives a fuck about an oxford comma?"

by Hawkeye State on Jun 17, 2008 9:39 AM CDT up reply actions 0 recs

Wasn't she the former spokesperson

for apartheid? Just guessin’. I guess her house is on a hill.

by DavetheDawg on Jun 17, 2008 8:32 AM CDT reply actions 0 recs

Any of the BHGP faithful

...email Kathy yet? I’d like to read a copy of your email to her, just so I’m not repeating anything in my own tasteful yet harsh letter….

by YouCanPutYourEddsInIt on Jun 17, 2008 9:03 AM CDT reply actions 0 recs

Gannett Company owns Des Moines Register

The Des Moines Register is owned by the Gannett company:

http://en.wikipedia.org/wiki/Gannett_Company

Also owned by The Gannett Company are:
USA Today
USA Weekend
The Arizona Republic (Phoenix)
Indianapolis Star (Indianapolis)
The Enquirer (Cincinnati)
The Tennessean (Nashville)
The Courier-Journal (Louisville)
The Honolulu Adviser
The Detroit Free Press

If anyone’s going to stop frequenting the Des Moines Register, might as well broaden that to include all of Gannett’s holdings.

by zinzarin on Jun 17, 2008 9:47 AM CDT reply actions 0 recs

Good point

And the Iowa City Press-Citizen as well.

by jebushchrist on Jun 17, 2008 10:00 AM CDT up reply actions 0 recs

Wait, wait...

...the same company employs both Mitch Albom and Pat Harty?!? And they’re douchebags?!? NO!

"Who gives a fuck about an oxford comma?"

by Hawkeye State on Jun 17, 2008 10:04 AM CDT reply actions 0 recs

An apology

This was a misunderstanding. I apologize on behalf of The Des Moines Register. Simply an employee trying to do their job but not completely understanding our new technology (we recently got embed code on our videos). I take full responsibility for not making this clear to everyone on staff.

Chris Snider
Assistant Managing Editor/Digital
DesMoinesRegister.com

by chrissnider on Jun 17, 2008 10:13 AM CDT reply actions 0 recs

Vouching for Des Moines Register

Chris OFFERED me the use of all the Des Moines Register’s content far before this takedown notice was issued for my IowaFlood.com website. The issue here is not that they issued a DMCA takedown but that the issue was mis-managed.

I usually do not side with traditional media as I build new media services but this time the Register completely embraced social media and shared everything they had with me. I give them the utmost credit for embracing the community and sharing what they had. They have come along way since their walled garden.

by abrudtkuhl on Jun 18, 2008 3:56 PM CDT up reply actions 0 recs

By the way, I stumbled into your site today while scanning through Sitemeter. You’re doing great work there.

Iowa Flood Watch 2008

"Who gives a fuck about an oxford comma?"

by Hawkeye State on Jun 18, 2008 5:44 PM CDT up reply actions 0 recs

Apologies are good

But I wonder if this will be posted on their website.

Furthermore, this is clearly an employee without a complete understanding of life and its basic principles. One cannot steal what is offered freely. Give me a break. This calls for heads on pikes!

by GLORYOFOLDSTATE on Jun 17, 2008 10:26 AM CDT reply actions 0 recs

Go to bed early one night

...and I miss all the excitement. Sheesh.

I don’t think Kathy’s gonna be reading your blog anytime soon now.

by dmbmeg on Jun 17, 2008 10:54 AM CDT reply actions 0 recs

Congrats BHGP

You managed to get Deadspin LLP involved! Looks like the Register has bowed to the mighty Will of Leitch!

by YouCanPutYourEddsInIt on Jun 17, 2008 11:07 AM CDT reply actions 0 recs

Apology

I’m confused. While an apology is appreciated, I’m unclear as to what the apology is actually for. For posting the vid with the embed code, or for the reactionary cease and desist?

by Bucketochicken on Jun 17, 2008 11:17 AM CDT reply actions 1 recs

I think they’re apologizing for not understanding online media or the wonderful stylings of BHGP.
Both have been cleared up now.

by jebushchrist on Jun 17, 2008 11:20 AM CDT up reply actions 0 recs

"online media"

[rolls eyes]

by dmbmeg on Jun 17, 2008 11:37 AM CDT up reply actions 0 recs

Look what the cat dragged in.

by jebushchrist on Jun 17, 2008 11:52 AM CDT up reply actions 0 recs

whatever.

It’s not even football or basketball season last time I checked. I save my comments for when it counts.

by dmbmeg on Jun 17, 2008 1:09 PM CDT up reply actions 0 recs

says

the guy who hasn’t written a real story since Marchifornication

by Oops Pow Surprise on Jun 17, 2008 7:45 PM CDT up reply actions 0 recs

snap!

by dmbmeg on Jun 17, 2008 10:15 PM CDT up reply actions 0 recs

hmmmph

by jebushchrist on Jun 17, 2008 11:46 PM CDT up reply actions 0 recs

None of this is real.

I refuse to believe that a newspaper full of paid employees would hire a lawyer to send out threatening emails without any kind of approval chain and then, when thing go wrong, provide a three line apology on the comment section of a blog.

Black Shoe Diaries

by Kevin HD on Jun 17, 2008 11:22 AM CDT reply actions 0 recs

assistant ME

Snider’s an assistant ME who writes this ungrammatical sentence?:

“Simply an employee trying to do their job…”

I guess Snider is just an employee trying to do “their” - not his - job, too, only he don’t know his possessive pronouns.

Maybe he did try to brief his staff on how their web site works, but no one understood him, because they thought they were writing and speaking English over there.

by Bellanca on Jun 17, 2008 2:04 PM CDT reply actions 0 recs

as long as we are playing this game

Maybe he did try to brief his staff on how their web site works, but no one understood him, because they thought they were writing and speaking English over there.

This is a run-on sentence. Too many conjunctions! LOLzy! (Also comma splices can be considered run-ons too).

by dmbmeg on Jun 17, 2008 3:10 PM CDT up reply actions 0 recs

two commas

Two commas makes it hard, eh? Are you running me off again, dmb?

by Bellanca on Jun 17, 2008 7:41 PM CDT up reply actions 0 recs

no

just give the guy a break. I sense he might have had a stressful day.

by dmbmeg on Jun 17, 2008 10:16 PM CDT up reply actions 0 recs

o yaeh?

Your just jelleous because they work’s for a newspapper and you donut.

by Bucketochicken on Jun 17, 2008 2:39 PM CDT reply actions 0 recs

MMM...

Donut…

by storminspank on Jun 17, 2008 8:22 PM CDT up reply actions 0 recs

good riddance bad rubbish etc

first, i’m glad this worked out for the best and drew some needed attention to the efforts folks are doing to help out in iowa. good on ya’s BHGP for that and it’s and unqualified kudo

second, i think snider’s point is valid and killing the messenger is uncalled for but that means the responsibility is even more in his court. this person who sent the email was doing so because of the extra pressure by the higher ups and, most likely, they’ll get to pay the price for it.

but the policy comes from the asinine attitude newspaper bigwigs have about blogs in general. the AME really does bear responsiblity for this and deserves to get it both barrels. the paranoia about the new medium is their fault and it’s their heads that need to come out of their asses.

during katriana the new orleans times picayune was not able to formally “print” their paper and went to a fully internet version agumenting news stories, blogs and user interface to create a comprehensive coverage of the disaster that was good enough to win a pulizer. it’s sad the archaic view of the internet has hobbled the register’s opportunity to duplicate the feat.

by kleph on Jun 17, 2008 7:13 PM CDT reply actions 0 recs

Ahnold is Riled UP!!!!!

Ok, then. Nice to know this group likes/knows how to mobilize and put it on. I work at a major daily newspaper in the 95852 zip code. I was about to call in my pal Ahnold The Governator and have him call in some air support from the Californication National Guard. He said: “Tell Zem We in KahlneeforkneeeYah Have The FIfth Largest Economy in The World. ...My Arms Are Pumped Up with the best ‘Roids my movie money can buy….My wife is a Kennedy By Way of Shriver….If Des Moines wants to keep the Caucuses in Iowa for the 2012 race when I run for Presidentiator during the next go-around, SHUT THE FUCK UP at the PEACH SPORTS PAGE or I”LL BE BACKKKKKKKKKK!!!”

Just passin’ that on.

Robobubba has spoken!

by robobubba on Jun 17, 2008 11:15 PM CDT reply actions 0 recs