I had intended to call the AP today and see what sort of agreement Winer had with them regarding FlickrFan. One of our enterprising readers seems to have beaten me to it:
eye,
I was fascinated by the prospect of having AP photos on my screensaver, so I downloaded Dave’s flickrfan
software. After a day or so, however, I became concerned about the copyright implications so, to assuage
my fears, I decided to give them a call. The guy I spoke with said he would look into the matter. He called
back about an hour later to say that he doesn’t know where Dave is getting the images, but he doesn’t
believe that this is on the up-and-up. He said he’d continue to look into it, but he doesn’t think he’ll find anything.
He also, in our initial conversation, asked what sort of resolution the pictures were coming in at
and seemed genuinely shocked by my reply.
Unless there’s some memo that didn’t get circulated at the AP, it appears that Dave is
passing out their pics without their permission. If I hear anything back, I’ll let you know.
[Name Redacted]
Two things, for the record: First, I have not verified the content of the above email and make no representations as to its truth. Second, I would be very, very concerned about enabling the AP feed in FlickrFan. If there’s no agreement between Dave and the AP, simply pulling the enclosures from that feed would likely be considered a copyright infringement (and could bring with it some serious liability).
One grain of salt to add to the above email: I believe a lot of things about Dave, but I have trouble believing that he’d be so stupid as to distribute these images without permission from the AP.
UPDATE: Got some down-time and called around. After a few transfers I was told that FlickrFan is an AP Digital client, although most of the people I talked to had the same reaction cited in the email. What that means, of course, is that Dave is paying for all of us to see the photos. I didn’t get the sense that anyone I talked to really understood the repercussions of allowing thousands of AP photos to be automatically downloaded to one’s harddrive but that’s not really my concern. It appears that FlickrFan is licensed. (While posting this update I got an email from the previous emailer saying essentially the same thing.)