As one might expect, Dave’s new software set off something of a storm of complaints form photographers who a) don’t understand the technology and/or b) don’t understand the law.
Here’s pretty much the bottom line: when you post something — anything — publicly on the web you’re basically giving the world the freedom to take a copy of it for their own personal use and enjoyment. Not to sell, not to display publicly, not to give away, but for personal, private use.
Lane Hartwell says, in a comment:
if I have my images marked ALL RIGHTS RESERVED I mean just that…no reproduction in any
form without my consent.
Unfortunately for her, that’s not really how it works. In fact, it really can’t work that way. It’s impossible for Computer B to display an image that’s stored on Computer A without reproduction. Does Lane really expect everyone who loads up Flickr to pick up the phone and call her before their browser makes a cache copy?
Besides, isn’t the real problem here that Flickr is transmitting the URLs of JPGs that are supposed to be marked “all rights reserved”?
After all, when Dave says: “When you publish an RSS feed with enclosures you’re inviting people to download your content and store it locally.” He’s absolutely right — that’s the whole point of RSS enclosures.
Arguing that downloading things from RSS enclosures is copyright infringement is like putting all of your valuables in a vending machine and then trying to press charges against the people who use it for “theft”.
Then again…
When Dave’s website was being marked up by Google’s Toolbar he didn’t like it, but it was basically the same thing as FlickrFan is doing (although far more innocuous). If we’re very, very generous to FlickrFan, we can say that the software is remixing Flickr so that we can view it our own way, which is what Google Toolbar did when it added links to pages at our request.
The contrast is that in the first scenario it was Dave’s site being remixed and here Dave is the remixer. In Dave’s world, that makes all the difference.