Fine, I’ll Say It: Shyftr Crosses The Line

by Tony Hung on April 12, 2008

Well, I can already tell what the headlining post this weekend is going to be on Techmeme (or bitchmeme, a la MG), and its going to probably revolve around Shyftr, a relatively new service in the RSS aggregating category (and lo, since I started writing, it has begun!)

Or, should I say “scraping” category?

No, you’re right — that’s not fair. I know Shyftr has its fans (like Louis Gray, who I respect immensely and is an awesome blogger in his own right)Here’s the cribs notes version as I see them: Shyftr is a new social network that revolves around sharing RSS feeds. Now, what’s so harmless about that, you might add? Surely we have social networks involving all kinds of niches, and aren’t feeds meant to be shared?

Well, there’s sharing, as in “hey, look at this new feed, you should check it out” — and there’s sharing, also known as, “I’m going to scrape and republish a blogger’s an entire feed, so that many people can check it out”.

And in that respect, Shyftr is a lot like Toluu, which allows people to publicly share feeds as well, although the social network aspect of Shyftr is absent (i.e you cannot comment on particular feeds or stories).

Let me be clear: I am making no value judgements against its creators or against its original intent (which may have been to let people have fun in sharing their feeds).

However, in my mind, when a service cannot exist *without* republishing others content in its entirety, and directly profits from that republishing without the original consent of the author, there’s something that isn’t right.

What do I mean by “profit” when none of these services are *actually* making a profit? Well, I am using the term loosely, in that they are deriving the present benefit of *existing*, and the real future benefit of earnings around republishing someone else’s content.

Now the fact that “conversations” are also happening above, around, and beyond the original blogs is interesting, but ultimately a foot note in this conversation; services like Friendfeed also aggregate conversations around blogging topics, but unlike Shyftr and Toluu, don’t host the *entire* feed.

So where am I drawing the line that Shyftr crosses?

Well, I accept the idea that conversations are going to be fractured, and that I don’t *own* them. I would *like* to host them on this blog, but I do realize that conversations have a life of their own (and run wild and free wherever they like) and exist wherever they like because their real owners are those folks who are having them. I only have the privilege of starting them, and participating in them wherever they are.

To bully and force them into being in a certain place (i.e. here) would be profoundly myopic, and as a blogger (i.e. someone who is supposed to understand and navigate these kinds of new media landmines) — heck, I don’t even know the right word. Some combination of “stupid” and “hypocritical”, like a doctor not renewing his own prescriptions for blood pressure medication, a teacher not doing his or her own homework.

(“hypo-stupid?”)

Oh wait, someone’s already demonstrated this recently.

Anyway, its not the conversations being hosted somewhere else that bothers me, its that there are a new crop of services which would not otherwise exist without republishing someone else’s content without the original author’s explicit permission. Well, lots of people’s content. And you can dress it up and all kinds of clothing and all kinds of nifty wrappers, but ultimately that’s what this is about.

And to me, that’s what the line is, and in my mind services like Shyftr (wittingly or unwittingly) cross it.

Now is the problem with RSS feeds? That we don’t understand the explicit rights that are associated with it? Perhaps. This isn’t a new conversation after all (here’s a link from Scoble circa 2005), and let’s be real clear: this topic is probably as old as RSS feeds itself.

I’m no copyright guru, and I don’t pretend to know all the details of what that entails, but what I do know is this: unless and until there is a general consensus about what the rights around RSS feeds are (because my bias is that there is absolutely no implied rights to reproduce carte blanche), I think there is a moral and ethical obligation to obtain content from the content owners about reproducing feeds in their entirety, particularly if its going to be used as part of public service which a) has or will generate profits from a service which is based on those feeds and therefore is a b) service which cannot exist without reproducing (i.e. “copying”) those feeds.

Until they do, they’re a lot like another kind of site or blog which fits that kind of definition.

Content scraper.

{an ugly word, I know}

Update: Eric Berlin, who’s initial Tweets prompted this post chimes in and, amongst other cogent arguments, echoes Mat Ingram’s sentiments: building a business around someone the full reproduction of other’s content doesn’t seem right.

74 comments

Interesting discussion happening here to:
http://www.lastpodcast.net/2008/04/11/go-ahead-steal-my-content/

@tony. Thanks for the clarification. Given that as you pointed out the interpretation of RSS is not totally clear on what is fair use of an RSS feed. What are your concerns with the interpretation where: partial feed -> display only the title and 100 characters and full feed -> you can display the content with full attribution and link back to the source.

What is nice about this interpretation is that 1) it gives 100% control to the source, 2) it is operationally viable to implement by aggregator sites (whereas having to ask explicit permission for every site a user might import in an aggregator is not operationally viable). 3) And it allows people like Frederic, Louis, Scoble and other who actually want to be syndicated to win mindshare and attention to not be penalized.

No?

by Edwin Khodabakchian on April 13, 2008 at 7:48 pm. #

[...] site and letting people comment within Shyftr on those posts. There were a lot of really good posts from either side of the issue of whether what Shyftr was doing was right or wrong. I know myself my first reaction [...]

by WinExtra » What is a blogger worth - what are my words worth? on April 13, 2008 at 7:51 pm. #

[...] Hung: Comes out swinging against Shyftr. Says the aggregation of comments away from the originating blog is wrong. To make his point, Tony [...]

by Bitchmeme Recap: What Happens on Shyftr, Stays on Shyftr « I’m Not Actually a Geek on April 14, 2008 at 2:58 am. #

[...] zusammen schaffen aber ein ziemliches Durcheinander. Und sie bergen eine Gefahr in sich, auf die Tony Hung (Deep Jive Interests) vehement hinweist: Das Aggregieren könne auch zu weit gehen, wenn etwa [...]

by bwl zwei null » Geraten Blogs durch die Technik in der Defensive? on April 14, 2008 at 6:01 am. #

[...] now we look at the counterpoint. Tony Hung says Shyftr crosses the line. He brings up very valid points as most people want to know what the conversation is and where it [...]

by Comment Where You Want, Just Let Me Know About It - Regular Geek on April 14, 2008 at 6:29 am. #

[...] monthly costs such as hosting. (Hat tip to Steve Hodson, who wote an excellent post yesterday, and Deep Jive Interests, who accurately described Shyftr’s activity as “scraping”, although Shyftr claims [...]

by Shyftr’s Lessons for Bloggers | Mark Evans on April 14, 2008 at 7:17 am. #

Tony, I wanted to apologizing for misreading your intent here as well as to your comment on my blog. I don’t like it when people misunderstand and misquote me either so I figured I should just let you know.

Shyfter quickly changed their minds too. Funny how the blogging community can have that affect.

by Rob D on April 14, 2008 at 9:05 am. #

[...] such as Robert Scoble and Louis Gray came down in favor of the service while others, including Tony Hung and Raoul Pop were firmly against [...]

by The Shyftr Saga : The Blog Herald on April 14, 2008 at 10:57 am. #

[...] FriendFeed and Shyfter is going to change anything. Tony Hung makes a good argument that Shyfter crosses the line but he does accept that user comments do not belong to [...]

by The Conversation is Evolving | introspective snapshots on April 14, 2008 at 2:04 pm. #

Interesting conversation that is as old as RSS itself. I think the key point is the Google Reader (or Netvibes, Netflakes, etc.) versus Shyftr. You seem to be making the argument that Shyftr isn’t okay but Google is because an individual has to add a feed to Google Reader, while Shyftr is a community aggregator. But in very real terms, what is the difference?

If 100 people add your feed to their Google Reader and 100 people like the pre-made aggregated feeds on a site that includes yours but are too lazy or too unsophisticated to manage RSS subscriptions themselves (and there are a LOT that fit in that group), what is the difference? The bottom line is that a third party company is organizing content in a more convenient fashion for consumers.

Finally, there really is an easy solution built right into RSS: Just post partial feeds.

by Jim Kerr on April 14, 2008 at 2:58 pm. #

[...] In short, some bloggers, like Mathew Ingram (also a writer for Toronto’s Globe and Mail) and Tony Hung, thought it went too far in its handling of content culled from feeds across the Web, while others, [...]

by Co-Founder of Shyftr Proposes Changes to Quell Bloggers’ Discontent on April 15, 2008 at 3:32 am. #

[...] In short, some bloggers, like Mathew Ingram (also a writer for Toronto’s Globe and Mail) and Tony Hung, thought it went too far in its handling of content culled from feeds across the Web, while others, [...]

by Co-Founder of Shyftr Proposes Changes to Quell Bloggers’ Discontent on April 15, 2008 at 3:32 am. #

[...] conversazione si è immediatamente infiammata, dividendosi tra i detrattori: Mathew Ingram e Tony Hung e quelli a favore: Louis Gray e, ovviamente, Robert Scoble. Scoble ipotizza direttamente la fine [...]

by 100Log » Gli RSS stanno uccidendo la Blogosfera? on April 16, 2008 at 1:45 am. #

[...] sfruttano proprio questo sistema per permettere agli utenti di commentare i post letti. Secondo Tony Hung, infatti, il problema non è su dove risiedono i commenti, in quanto le conversazioni hanno vita [...]

by I commenti negli RSS reader, il (blog) content scaping e problemi di copyright « MediaMeter on April 16, 2008 at 8:11 am. #

“However, in my mind, when a service cannot exist *without* republishing others content in its entirety, and directly profits from that republishing without the original consent of the author, there’s something that isn’t right.”

Hello, all feed readers??? Get over it. This discussion is lame…

by Lee on April 16, 2008 at 9:33 am. #

[...] the recent uproar about Shyfter, an enterprising company attempting to bring content scraping into the mainstream. While things [...]

by Why Affiliate Marketing Will Save Free Online Content | Copyblogger on April 21, 2008 at 11:52 am. #

I think the livingroom blog with digital camera reviews from Darren Rowse (he’ll probably sees this comment through his google alert :-) is content scraping too. That’s splogging but strangely noone seems to mind.

by Jeremy on April 21, 2008 at 2:11 pm. #

[...] says Shyftr Crosses The Line Anyway, its not the conversations being hosted somewhere else that bothers me, its that there are [...]

by Is it Content Theft or Free Distribution? : Codswallop on April 22, 2008 at 6:16 am. #

[...] Tony Hung: “Fine, I’ll Say It: Shyftr Crosses The Line“ [...]

by Who Owns This Conversation, Part Two « The Real McCrea on April 22, 2008 at 2:45 pm. #

[...] service or at least see its potential, such as like Louis Gray and Robert Scoble; others, such as Tony Hung of Deep Jive Interests says it crosses a [...]

by Shyftr on May 8, 2008 at 11:36 am. #

[...] So what happens when someone takes an RSS feed and uses it in a way that the author doesn’t like? Can the author suddenly cry “Copyright infringement!” and have the whole thing shut down? Some bloggers appear to think so: By providing the full content of my RSS feed, and therefore my content, on their site, they deprive me of those visitors who would otherwise come directly to my site. If I had advertising on my site, they could also be depriving me of revenue… In the same way that I can’t reprint a Harry Potter book and start selling it for my own gain, we need to realize that we can’t do that with RSS feeds or other Web content either. While Fair Use is OK, you can’t just start lifting and reusing entire bodies of work without permission. [Larry Borsato, PC World] [W]hen a service cannot exist *without* republishing others content in its entirety, and directly profits from that republishing without the original consent of the author, there’s something that isn’t right.  [Tony Hung, Deep Jive Interests] [...]

by Molly Kleinman » Blog Archive » Copyright, Web 2.0, and RSS on May 23, 2008 at 2:54 pm. #

Have you seen what GoogeReader did, one year after Shyftr; http://www.readwriteweb.com/archives/google_reader_now_with_comments.php#comment-129640

by Bill Flitter on March 11, 2009 at 7:49 pm. #

[...] Comments Still Matter – Sarah Perez, RWWEra of Blogger’s Control is Over – Robert ScobleFine, I’ll Say It: Shyftr Crosses the Line – Tony HungShould Fractured Feed Reader Comments Raise Blog Owners’ Ire? – Louis GrayShould [...]

by Distributed Conversations and Fragmented Attention | PR2.0 on March 20, 2009 at 11:01 pm. #

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by Anonymous on April 7, 2011 at 9:28 am. #

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