By Fester
I am watching the Associated Press attempts to remove its hand from the meat grinder by its broad claims of special privileges over blogger rights of fair use. The story started with seven DMCA take down letters to the Drudge Retort for what was fair use of small excerpts of larger AP articles. It has since morphed into a very interesting and peaceful analogy to a global guerrilla action. Let me explain my reasoning here.
The political blogo-spheres are large networks of loose ties with minimal cooperation between various ideological camps and subcamps except on a few core issues including open access to information and minimal restrictions on speech. The AP's actions were universally seen as violating community norms and therefore lacking in legitimacy. The AP was picking on a small blog with shallow pockets and believed it could Shock and Awe via the threat of an expensive to defend lawsuit, compliance with its foreign norms. The Drudge Retort sent out a distress call and multiple bloggers of varying perspectives responded.
We quickly disseminated the relevant information to our networks and readers creating a common orientation of action and the beginning of a common response of mocking and deriding the AP's decision. He floated the idea and it has begun to cascade through the long tail of the blogosphere. Specialized expertise began to emerge to reinforce the bazaar of actions option space, and now the Associated Press was stuck. At the same time, the initial reaction had reached critical mass as keying linking nodes on both the left and the right, in the shape of Atrios and Instapundit, amplified the messaging. The AP was judged to be 'wankers' and violators of community norms. The bazaar of actions soon became flooded with actors who have strong negative pairwise ties to each other. However they are able to form loose, transactional ties for one time deals in order to combat this threat. For example, DailyKos and Michelle Malkin have been on the same page.
And at this point past history came into play. Cernig noted that there existed a plausible premise of achieving a defensive objective of restoring full fair use rights through boycott and ridicule. We, as political bloggers, know that a combination of public mocking, ridicule, and targetted pressure on vulnerable revenue chokepoints and contradictions can create significant change. We have seen Spocko target advertisers of right wing talk radio, we have seen some success with keeping the Dems from caving on FISA immunity for the past nine months and are taking another whack at it now, and the right wing has had success in overvaluing and overleveraging Cindy Sheehan as an anti-war icon. We have a credible premise of resistance, and then minimal centralized direction as a thousand bloggers will never agree on anything other than being bloggered sucks.
And now the AP has a problem. The Associated Press business model is optimized for large scale one to few and few to few transactions. It is used to dealing with entities who share a common orientation, and cultural norms which include the perspective of personal ruin if their reputation or access to the AP is ruined. The fragmented, individualized and decentralized attacks operate outside their decision loop and their shared cultural assumptions. It will respond to two of the three prongs of attacks as it recognizes them as similiar to past interactions.
The first is the Media Bloggers Association (MBA) offer to negoatiate a settlement. The MBA is a trade membership group of bloggers and the AP will think it can cut a deal. The MBA is seeking to maximize its influence (which is minimal) and the AP is looking for a face to interact with to avoid embarrassment. However there is a very significant problem that the AP will run into; the MBA has no legitimacy or buy-in as a negoatiating agent for the overwhelming number of bloggers. Whatever deal they cut is good for MBA's members and that is it. It will not bind or constrain my actions or inactions.
The second group that the AP will be familiar with is the large, moderately deep pocket blog who is looking for a fight. In this case it is Daily Kos:
Lots of blogs are calling for boycotts of AP content. Not me. I'm going to keep using it. I will copy and paste as many words as I feel necessary to make my points and that I feel are within bounds of copyright law (and remember, I've got a JD and specialized in media law, so I know the rules pretty well). And I will keep doing so if I get an AP takedown notice (which I will make a big public show of ignoring). And then, either the AP -- an organization famous for taking its members work without credit -- will either back down and shut the hell up, or we'll have a judge resolve the easiest question of law in the history of copyright jurisprudence.
The AP doesn't get to negotiate copyright law. But now, perhaps, they'll threaten someone who can afford to fight back, instead of cowardly going after small bloggers....
Here is a challenge the AP understands and can not touch. They only have claimed authority in areas of dispute that can not be appealed to agents with high legitimacy and mutually recognized authority, in this case the US federal court system. And then they get to deal with us rodents which are scurrying and mocking them from underfoot. And here they lose their credibility as they get to argue with guys named after bad television characters, and flying pigs. As the Angry Drunk Bureaucrat noted in a seperate case, the power and credibility gained by an actor in another field works against them when they are in the blogosphere:
You are not in Kansas anymore, Dorothy. The simple rules of etiquette that you may have experienced in "the Real World" do not apply anymore. You are not a City Councilman [a major news wire] anymore, just a douche with a keyboard and a cable modem... just like the millions of other douches with keyboards and cable modems. These millions of other douches have no regard for civility, niceties, or pleasantries. They are a vicious pack of dogs (Douche-hounds, if you would) salavating over the mailman that just walked through the gate. This will not end well for you.....
you may not realize this, but there are a whole lot of people on these here interwebs that survive on nothing more than blood. Your blood. My blood. Anyone's blood. Unless you are willing to go toe-to-toe with these psychopathic blogging machines day in and day out, you will fail.... and the bloggers will just be having fun.
So run along home before you get yourself hurt.
Engaging small bloggers with the full weight of the AP's media and legal team may produce short term victories of silence at the cost of delegitimatizing the AP to its best end users. Winning those fights turns the AP into a douche from a provider of interesting information.
These elements are common elements in an open source insurgency and an open source take down attack. Rapid information sharing, a proliferation of loose ties after a plausible premise is identified, fracturing of activities despite the de facto aim of working towards a common goal, massive legitimacy issues, and the power of the individually weak to negate opposing strengths.