Your Questions About Title Vii

Daniel asks…

what are policies that companies should have in place to avoid violations of title vii and its amendments?

barry0912 answers:

Open door policy (any manager is available to hear complaints or feedback at any time, and the manager, once he/she hears a complaint, follows an established procedure to resolve it)
Sexual Harrassment policy–forbidding sexual harassment.
Policy on equal opportunity hiring.

Sandra asks…

How many employers are necessary to fall under Title VII?

barry0912 answers:

All of them excpet for the exceptions given below…

There are partial and whole exceptions to Title VII for four types of employers:

Federal government; (Comment: The proscriptions against employment discrimination under Title VII are now applicable to the federal government under 42 U.S.C. Section 2000e-16)
Federally recognized Native American tribes
Religious groups performing work connected to the group’s activities, including associated education institutions;
Bona fide nonprofit private membership organizations.

Http://en.wikipedia.org/wiki/Title_VII#Title_VII

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Your Questions About Anonymous

Michael asks…

How can I send a anonymous email without getting track in anyway?

I want to send a anonymous email, nothing bad or anything, but I do not want to worry about getting tracked in anyway, shape or forum such as by my IP address. Is there a way to do this?

I have read through other questions and I get mixed answers, some say you can not be tracked, some say you can….

barry0912 answers:

Hmm this is intresting esay way ip address is what intrenet u used.. So make like a yahoo and goto a place were hteres free wireless and send it from there or use a proxy site like www.heartgrower.com that hides ur ip adress but not too sure if it works for emials though hoe it helps.

John asks…

What is the relationship between Scientology and the Anonymous?

Anonymous is something I am aware of, and I am also aware of Scientology and its beliefs and practices. But how do the two overlap? Supposedly they hate one another but is it not true that members of Anonymous also follow Scientology simultaneously?

barry0912 answers:

Such a broad question, here is some info I found;
According to info I found anonymous has no actual membership. People just operate
loosely under that name. While Scientology is a religious group, a church. Anons can
be members of Scientology.

AnonNews.org : Everything Anonymous
AnonNews 2.0 is finally there! Press release submission is open again, as are comments – and we now have forums! Other interface languages and language/tag filtering …
Anonnews.org – Cached
Anonymous | Define Anonymous at Dictionary.com
adjective 1. Without any name acknowledged, as that of author, contributor, or the like: an anonymous letter to the editor; an anonymous donation. 2. Of unknown name …
Dictionary.reference.com/browse/anonymous – Cached
Anonymous is now AERIFY MEDIA
Anonymous Media – Anonymous was created by data, research and ad exchange experts to tackle the key issues facing advertisers in the online advertising ecosystem.
Anonymous.com – Cached
anonymous: Definition, Synonyms from Answers.com
anonymous adj. Having an unknown or unacknowledged name: an anonymous author. Having an unknown or withheld authorship or agency:
“ We [Anonymous] just happen to be a group of people on the internet who need—just kind of an outlet to do as we wish, that we wouldn’t be able to do in regular society. …That’s more or less the point of it. Do as you wish. … There’s a common phrase: ‘we are doing it for the lulz.’ ”

—Trent Peacock. Search Engine: The face of Anonymous, February 7, 2008.[19]

Definitions tend to emphasize the fact that the concept, and by extension the collective of users, cannot be readily encompassed by a simple definition. Instead it is often defined by aphorisms describing perceived qualities.[4] One self-description, originating from a protest video targeted at the Church of Scientology, is:

We are Anonymous. We are Legion. We do not forgive. We do not forget. Expect us.[20]

Iconography and aesthetics
[icon] This section requires expansion with: information on Anonymous subcultural elements; common images, themes, concepts, etc. (February 2011)

As a cyberculture, Anonymous aesthetics are based in various forms of shock humor, including genres of cringe, surreal, and black comedy. Many people affiliated with Anonymous associate with the Guy Fawkes mask, either at protests, or within images spread online.[19] O

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Your Questions About Anonymous Mask

Chris asks…

Can i be arrested in California for wearing a mask in public?

I was going to hand out fliers for a group called, Anonymous, and was going to wear a Guy Fawkes mask (the mask in V for Vendetta) and heard somewhere that it is a misdemeanor and can be arrested and just wanted to see if that was true.

barry0912 answers:

It was, and still may be, illegal in California to wear a mask that prevents you from being identified while part of a larger protest group. I doubt anyone would be arrested in the current political climate.

Lizzie asks…

How does an anonymous writer do a book signing?

Entertaining thoughts on being an anonymous writer myself, I was wondering how in the world a writer aiming to remain anonymous does a book signing. Do they ever do book signings? If so, then how? Surely they don’t get other people to sign the books in their name! So how, then, without putting on a disguise of some sort like a masquerade mask and cloak or something like that?

barry0912 answers:

Anonymous writers or people who write under pennames don’t really have the option to do book signings. They chose anonymity, and going out in public at all would really defeat the purpose. Anonymity also rules out a lot of the best parts about being a writer, like meeting others at conventions. I don’t see the point of anonymity – why not take credit for your work?

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Your Questions About Internet Marketing

Donna asks…

what is the importance of marketing using internet?

give more information on the benefits of using internet and
the market strategy of using internet

barry0912 answers:

As the internet is becoming such a used environment, people are using more often to find products and services. Although it is not vital to have a web presence, this does depend on the nature of your business.

If you have a small cake shop, a web presence is hardly going to make, or break your business, but could make more people in your area become aware of your shop. This does not mean that a web presence could do no benefit, in fact, if you were really ambitious, you could end up selling your cakes to people all around the country, it all depends on how far you want to go with your enterprise.

If your business can benefit from being exposed on a broader base, then an internet presence can be of very real benefit. The imporatnt thing to remember, is that by having a web site, does not automatically mean your business will suddenly be inundated with prospective clients. Your site needs to have visibility and that is another whole process altogether.

Think of it as building a hotel. You build this wonderful place and then wonder why nobody stays there. Well if no one knows about it, no one will come there. You need to advertise it and put up signs. On the internet, the “putting up of signs” is similar to finding you site/pages in the search engines. This means that your site needs to have some work done on it, to make is “search engine friendly”. You can do this yourself, or you can hire an SEO (Search Engine Optimization) company.

But beware of those companies that promise you the world, take your money and give you no results.

As a good starting point, do a search on any of the search engines for similar business models to the one you have/propose. Use search terms that would answer the kind of question your business would be in a position to answer.

Look at the results and see how many other businesses have a web presence and how they go about listing their services, or describing their business.

Nancy asks…

Please explain about emarket & internet marketing?

what are the difficulties in it?

what are its advantages & disadvantages?

Is it easy & Valuable?
My sincere thanks to both of you who helped me with your answers. I would be glad if someone gives me the specific answers for the following questions
1.what are the difficulties in it?
2.what are its advantages & disadvantages?
3.Is it easy & Valuable?

barry0912 answers:

I think the major differences is emarket marketing is more confined to staying within its market types, where Interent marketing is allowing for a much broader approach for experimenting where the best marketing campaigns will result from. Thus if your selling a specific service as a emarket business, the only way you will sell it is if you research out the sector that will be allowing the use of this service. But now in Internet Marketing having service support to offer is more like the type for allowing to find out who is interested to needing service support, and than trying to find out more of why they need this service support to find out if it will be right for them before you want to commit to making larger marketing campaigns to finding the right customers.

But both would require experimental approaches for solving which out of two different approaches used at the same time will work best for attracting more interests for itself that would be helping the individual service, emarketing or Internet Marketing to help itself promote a more concentrated effort into the found better working half. You would continue doing this to learn more about the type of customers you are actually looking for and how they are publishing their specific interests. After getting to the point of knowing exactly who your customers are suppose to be, this will be easy enough to make it to find your real customer using just Internet searches. You will quickly be able to tell if a search result is self sufficient (not needing you) or is lacking in need of your service, either it be emarketing or Internet marketing service. This should become so simple to allow you to purchase simple lists with direct contact information to finish finding out if they really are needing something your ready to sell or not. (The experiment is based around this example, if emarketing, is color blue or green more effective for introductory phases of it services; If for Internet marketing, is this group going to comment more than this group type found on the Internet. Etc. Than break down the logic even more if possible. Go into the whys of why using green to introduce a product is better by itself by searching for all the difference green has, and see which of those gets noticed more quickly. Etc. Again.)

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Your Questions About Internet Marketing News

Richard asks…

Internet Revolution???????

On the topic of Internet Revolution or Digital Revolution, is it possible if you can give me some internet sources? (links that talks about internet revolution through bbc, fox, mbc, ect)

I can find articles that explain WHAT internet revolution IS, but i can’t really find articles that talk about their opinions on internet revolution, like pros or cons. Thanks!

barry0912 answers:

Try a search like this using Google News:

“internet revolution” opinion

https://www.google.com/search?hl=en&gl=us&tbm=nws&q=internet+revolution+opinion&oq=internet+revolution+opinion&gs_l=news-cc.3..43j43i53.2755.6543.0.6825.27.10.0.17.1.0.147.1021.6j4.10.0…0.0…1ac.1.oYyXw4Gy97I#hl=en&sugexp=cpsugrccggmnoe&gs_rn=14&gs_ri=psy-ab&tok=_0bl2-O6mUsd9mEWNXQnCg&ds=n&pq=internet%20revolution%20opinion&cp=30&gs_id=40&xhr=t&q=%22internet+revolution%22+opinion&es_nrs=true&pf=p&gl=us&tbm=nws&sclient=psy-ab&oq=%22internet+revolution%22+opinion+&gs_l=&pbx=1&bav=on.2,or.r_cp.r_qf.&bvm=bv.46865395,d.cGE&fp=55b25e68d9baa2dd&biw=1366&bih=643

Your other best option would be to use your local public or college library databases (such as National Newspaper Core [Proquest], EBSCO Newspapers, Opposing Viewpoints, etc.)

It may help your search of the open Web or of the databases if you can use additional related keywords in your search. Words that might signify the *kind* of opinions you’re looking to find.
Globalization
free markets
online generation
freedom
outsourcing
specific country names
censorship
the list can be extended as far as your vocabulary and time to search allows

For more ideas and/or sources open a chat with a librarian near you.
Examples:
http://www.askus247.org/
http://www.icpl.org/ask/
http://www.csub.edu/library/gethelp.shtml

Donald asks…

Who owns CNN, Fox News, MSNBC, Wall Street Journal etc…?

and most other major purveyors of news that we digest here in the USA?

I am speaking of the actual people, the majority stock holders, the ones who have the power to shape an agenda or political leaning of a particular news source.

When you look at who the owners are, would you then say that the most such news organizations lean most towards being liberal or conservative….and what does this tell you about the news that we get?

barry0912 answers:

GENERAL ELECTRIC –(donated 1.1 million to GW Bush for his 2000 election campaign)

Television Holdings:
* NBC: includes 13 stations, 28% of US households.
* NBC Network News: The Today Show, Nightly News with Tom Brokaw, Meet the Press, Dateline NBC, NBC News at Sunrise.
* CNBC business television; MSNBC 24-hour cable and Internet news service (co-owned by NBC and Microsoft); Court TV (co-owned with Time Warner), Bravo (50%), A&E (25%), History Channel (25%).
The “MS” in MSNBC
means microsoft
The same Microsoft that donated 2.4 million to get GW bush elected.

Other Holdings:
* GE Consumer Electronics.
* GE Power Systems: produces turbines for nuclear reactors and power plants.
* GE Plastics: produces military hardware and nuclear power equipment.
* GE Transportation Systems: runs diesel and electric trains.
==================================================

WESTINGHOUSE / CBS INC.
Westinghouse Electric Company, part of the Nuclear Utilities Business Group of British Nuclear Fuels (BNFL)
whos #1 on the Board of Directors? None other than:
Frank Carlucci (of the Carlyle Group)

Television Holdings:
* CBS: includes 14 stations and over 200 affiliates in the US.
* CBS Network News: 60 minutes, 48 hours, CBS Evening News with Dan Rather, CBS Morning News, Up to the Minute.
* Country Music Television, The Nashville Network, 2 regional sports networks.
* Group W Satellite Communications.
Other Holdings:
* Westinghouse Electric Company: provides services to the nuclear power industry.
* Westinghouse Government Environmental Services Company: disposes of nuclear and hazardous wastes. Also operates 4 government-owned nuclear power plants in the US.
* Energy Systems: provides nuclear power plant design and maintenance.
================================================================
VIACOM INTERNATIONAL INC.
Television Holdings:
* Paramount Television, Spelling Television, MTV, VH-1, Showtime, The Movie Channel, UPN (joint owner), Nickelodeon, Comedy Central, Sundance Channel (joint owner), Flix.
* 20 major market US stations.
Media Holdings:
* Paramount Pictures, Paramount Home Video, Blockbuster Video, Famous Players Theatres, Paramount Parks.
* Simon & Schuster Publishing.
=============================================
DISNEY / ABC / CAP (donated 640 thousand to GW’s 2000 campaign)
Television Holdings:
* ABC: includes 10 stations, 24% of US households.
* ABC Network News: Prime Time Live, Nightline, 20/20, Good Morning America.
* ESPN, Lifetime Television (50%), as well as minority holdings in A&E, History Channel and E!
* Disney Channel/Disney Television, Touchtone Television.
Media Holdings:
* Miramax, Touchtone Pictures.
* Magazines: Jane, Los Angeles Magazine, W, Discover.
* 3 music labels, 11 major local newspapers.
* Hyperion book publishers.
* Infoseek Internet search engine (43%).
Other Holdings:
* Sid R. Bass (major shares) crude oil and gas.
* All Disney Theme Parks, Walt Disney Cruise Lines.
======================================================

TIME-WARNER TBS – AOL (donated 1.6 million to GW’s 2000 campaign)
America Online (AOL) acquired Time Warner–the largest merger in corporate history.
Television Holdings:
* CNN, HBO, Cinemax, TBS Superstation, Turner Network Television, Turner Classic Movies, Warner Brothers Television, Cartoon Network, Sega Channel, TNT, Comedy Central (50%), E! (49%), Court TV (50%).
* Largest owner of cable systems in the US with an estimated 13 million subscribers.
Media Holdings:
* HBO Independent Productions, Warner Home Video, New Line Cinema, Castle Rock, Looney Tunes, Hanna-Barbera.
* Music: Atlantic, Elektra, Rhino, Sire, Warner Bros. Records, EMI, WEA, Sub Pop (distribution) = the world’s largest music company.
* 33 magazines including Time, Sports Illustrated, People, In Style, Fortune, Book of the Month Club, Entertainment Weekly, Life, DC Comics (50%), and MAD Magazine.
Other Holdings:
* Sports: The Atlanta Braves, The Atlanta Hawks, World Championship Wrestling.
=======================================================
NEWS CORPORATION LTD. / FOX NETWORKS (Rupert Murdoch) (donations see bottom note)
Television Holdings:
* Fox Television: includes 22 stations, 50% of US households.
* Fox International: extensive worldwide cable and satellite networks include British Sky Broadcasting (40%); VOX, Germany (49.9%); Canal Fox, Latin America; FOXTEL, Australia (50%); STAR TV, Asia; IskyB, India; Bahasa Programming Ltd., Indonesia (50%); and News Broadcasting, Japan (80%).
* The Golf Channel (33%).
MEDIA HOLDINGS:
* Twentieth Century Fox, Fox Searchlight.
* 132 newspapers (113 in Australia alone) including the New York Post, the London Times and The Australian.
* 25 magazines including TV Guide and The Weekly Standard.
* HarperCollins books.
OTHER HOLDINGS:
* Sports: LA Dodgers, LA Kings, LA Lakers, National Rugby League.
* Ansett Australia airlines, Ansett New Zealand airlines.
* Rupert Murdoch: Board of Directors, Philip Morris (USA).

*(Phillip Morris donated 2.9 million to George W Bush in 2000

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Your Questions About Internet Marketing Blog

Ken asks…

Best blog site to use for a blog?

I want to start a blog but I’m not sure what blog site to use, I want to be able to blog for free, be able to post videos on my blog, and hopefully make some money, what blog site would best fit these standards? If my blog grows, would I make more money using this site? thanks

barry0912 answers:

Website and blog Promotion Internet Marketing – Top 10 Methods

So you want to find some solid marketing methods to promote your websiteor blog?Here are the top 10 methods that I find work well for my business.

Free Methods

1. Article Marketing
This is a very productive way to get free traffic to your website, you will need to write and article that is relevant to your website this should not be a sales pitch but need to provide readable and valuable content to the user so that when they click the link at the end of your article they are ready to buy from you. The article sites also benefit form showing up very well in the search engine results pages.

Some of the biggest article directory sites that you can submit too include, ezinearticles.com.
Goarticles.com and articlebase.com.
Some of the benefits of submitting articles to these sites are as follows:
• eZine Publishers Using Your Article In Their Newsletter
• Web Masters Using Your Article On Their Websites
• On Site Search Traffic Going To Your Article
• Search Engine Traffic To Your Article

2. Web 2.0 Sites

Once you have made an article you can also syndicate it across some of the free web 2.0 sites that also rank very well in the search engines, this can be a fantastic way to get more exposure. These sites include:

• squidoo.com
• hubpages.com
• wetpaint.com
• livejournal.com
• webnode.com
• blog.com
• webs.com
• blogspot.com

3. Social Bookmarking Sites

These are a good place to get traffic from as well as getting links to your web pages, you should submit your main web page, articles and web 2.0 sites to these. Here is a list of the top 20 social
bookmarking sites:

• twitter
• digg.com
• Yahoo! Buzz
• tweetmeme.com
• StumbleUpon.com
• reddit.com
• Technorati.com
• del.icio.us
• kaboodle.com
• mixx.com
• Propeller.com
• newsvine.com
• Fark.com
• Slashdot.org
• twine.com
• clipmarks.com
• dzone.com
• faves.com
• blinklist.com
• diigo.com

4. Press Releases
These are another good way to the word out the best one is PRWeb but this is expensive but don’t worry there are some free sites that you can publish your press releases too such as PR Leap and PRBlog.

5. Classified Ad Sites
There a loads of free classified ad sites springing up everywhere off the back of the sucssess that the biggest one Craigslist has had, Craigslist gets 20 Million visitors a month. The next biggest in this space is Backpage and Gumtree is the biggest one for the UK.

6. Forum Marketing
Quite often overlooked as a traffic generation method it can be very effective essentially if you have something valuable to contribute to the discussion already going on inside the forum. You include your marketing message and your URL in your forum signature this way every time you answer a question or reply to someone its automatically included and is not

read more at source

Carol asks…

Blog publishing?

is posting to my blog considered copyrighted? If I post a new idea or work of fiction, is it protected under cpyright rules?

barry0912 answers:

From my search of the web it seems that this is going to take a lobby group to enact. Here’s a link you can check out that speaks to the murkiness of it www.docuverse.com/blog/donpark/
2003/07/14/copyrights-and-blogs. And,
Thursday, October 27, 2005–Andis Kaulins [10/27/2005 02:28:00 AM] Copyrights, Blogs, News, Content Aggregation and RSS Feeds

RSS and Atom Feeds: Really Simple Syndication

RSS feeds are revolutionizing the way that information is being processed on the Internet. Even Google just started their own Google Reader for RSS feeds this month.

What is the legal status of RSS feeds under Internet Law and IP Law (“intellectual property” law), especially in view of the fact that many blogs and news media make their content available through their RSS feeds? We include ATOM feeds here under the general rubric of RSS feeds, i.e. As “Really Simple Syndication”. Indeed, the IEEE sees Atom as the “standard in syndication”, even though the term RSS is everywhere used.

Implied Licenses Granted by Placing Material Online?

Eric Goldman at the Technology & Marketing Law Blog discusses whether making RSS feeds publicly available thereby grants an implied license of use to RSS feed users, and if so, how such an implied license could be negated, if necessary. But see Fair Use Vs. Fared Use: The Impact of Automated Rights Management on Copyright’s Fair Use Doctrine by Tom W. Bell, 76 N. Carolina L. Rev. 557 (1998).

As Goldman writes:
“[I]f a blogger makes a feed of his/her blog available, what can others [legally] do with that content?”

Take a look at his analysis and see also Scobleizer for a panoply of opinions on this topic. The non-exclusive implied license granted by placing materials online is also discussed at When One Thing Leads to Another – Linking and Metatag Liability, by Barbara S. Murphy and Lynn S. Walker, Georgia State University College of Law, Law and the Internet, Professor Wiseman, Summer 2003 (see II.1 in that article).

The Legality of Data Harvesting (not to be confused with E-Discovery Harvesting)

One issue that faces RSS feeds is the practice of “data harvesting” for purposes of creating websites which then sell ads to make money. Martin Schwimmer at the Trademark Blog refers to a ClickZ article by Pamela Parker which refers to other instances of data harvesting such as the ad aggregator Oodle.com or the job aggregator Indeed.com.

There are data harvesting cases which have been decided and which clearly support the principle that data harvesting is legal under some circumstances. See the article Golf Scores v. Yacht Sales: Copyright Law and Data Extraction by Javad Heydary and By No Other (related USA Today, Nautical Solutions Marketing v. Boats.com). At the same time, there are also cases which clearly have found other kinds of data harvesting to be illegal, albeit not necessarily on copyright infringement grounds, e.g. Register.com, Inc. V. Verio, Inc., 126 F. Supp. 2d 238 (S.D.N.Y. 2000), aff’ d, 356 F.3d 393 (2d Cir. 2004). See Phillips Nizer for an abstract of that case and the Boston University School of Law, Journal of Science and Technology Law, Legal Update by James J. Tracy for a contract view of browsewrap agreements.

Terms of Use for RSS Feeds

The terms of use for RSS feeds published by mainstream publishers such as the New York Times clearly claim a full copyright to content syndicated by RSS feeds. These terms of use strictly exclude commercial use such as commercial data harvesting.

The New York Times offers over 30 free RSS feeds, albeit under the following terms and conditions:

“We encourage the use of NYTimes.com RSS feeds for personal use in a news reader or as part of a non-commercial Web site or blog. We require proper format and attribution whenever New York Times content is posted on your Web site, and we reserve the right to require that you cease distributing NYTimes.com content. Please read the Terms and Conditions for complete instructions.

NYTimes.com also offers a free headline feed for displaying headlines on personal or professional Web sites, for non-commercial purposes. For more information and instructions, see Add New York Times Headlines to Your Site.”

Use of Headlines Written by Other Sources

With regard to the use of headlines, the Japanese Intellectual Property High Court recently decided that it was copyright infringement for a commercial online enterprise – without asking for permission – to use newspaper headlines on its website from Japan’s largest daily newspaper. We do not doubt that courts in other countries would make similar holdings.

Fair Use of RSS Feeds and Attribution

The free use which the New York Times offers is essentially an expanded “fair use”, i.e. Use of news on a “non-commercial Web site or blog”. This is essentially similar to the “Creative Commons” license found at the bottom of the LawPundit blog pages, where use of LawPundit material – with proper attribution – is permitted for non-commercial purposes. The NY Times also requires proper attribution of their materials, although attribution has an unclear status in copyright law as far as “fair use” of copyrighted materials is concerned.

As written by Mark A. Lemley, Rights of Attribution and Integrity in Online Communications, 1995 J. ONLINE L. , art. 2, par. 20:

“Both of these cases [Waldman Publishing Corp. V. Landoll Inc. And Robinson v. Random House Inc)] suggest that a right of attribution does in fact exist in United States law, at least in circumstances where the failure to attribute has a commercial effect. If you copy material without identifying it as copied, that fact may hurt you in a copyright infringement suit. Even if you cannot be sued for copyright infringement, your failure to attribute copied material may be actionable under the Lanham Act if it confuses consumers as to the source of the copied material. Taken together, these cases suggest that the worst cases of nonattribution will be taken care of by the existing law.”

Attribution not required for Works in the Public Domain

The rule is different for works in the public domain, where attribution is not required. This was decided in Dastar Corp. V. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003). See Stacey L. Garrett, No need to Search the Nile: The Supreme Court Clarifies the Use of Public Domain Works in Dastar v. Twentieth Century Fox, Journal of Law, Technology & Policy (Univ. Of Illinois), Fall, 2003.

Where is the Line between Commercial and Non-Commercial Use?

The line between a non-commercial or commercial website or blog is not clear. In Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985) , the US Supreme Court found:

“The fact that a publication was commercial as opposed to nonprofit is a separate factor that tends to weigh against a finding of fair use. “[E]very commercial use of copyrighted material is presumptively an unfair exploitation of the monopoly privilege that belongs to the owner of the copyright.” Sony Corp. Of America v. Universal City Studios, Inc., 464 U.S., at 451 . In arguing that the purpose of news reporting is not purely commercial, The Nation misses the point entirely. The crux of the profit/nonprofit distinction is not whether the sole motive of the use is monetary gain but whether the user stands to profit from exploitation of the copyrighted material without paying the customary price. See Roy Export Co. Establishment v. Columbia Broadcasting System, Inc., 503 F. Supp., at 1144; 3 Nimmer 13.05[A]1., at 13-71, n. 25.3.”

Many websites and blogs place advertising on their online pages to help pay for costs, e.g. Of webspace, etc. And are not really “commercial” undertakings as such, nor are they generally viewed to be “commercial” in nature. Where will the courts draw the line?

What happens, for example, when an otherwise “non-commercial” website or blog is so successful that its commercial ads begin to reap actual profits for the website or for the blogger? Once that happens, such websites or blogs surely become “commercial” in nature, which makes it much more difficult, but not impossible, to invoke the “fair use” exception to the copyright laws.

But even if no profit is being made, could a site harvesting RSS feeds use RSS feed material to promulgate e.g. Pornographic advertising on a website in the hope of gain? The answer here must surely be “no”, and evidence of purpose, rather than profit, ought to be sufficient.

Clear Terms of Use are Important

In any case, put into different words, RSS feeds “belong” as such to the originator of the RSS feed. Fair use can be made of these feeds, but not commercial use. The solution for the “grey cases” may be in part that RSS feed originators clearly declare the permissible uses of their materials on the website pages. The New York Times terms of use listed here provide a good model to start. Of course, no copyright holder can prohibit lawful fair use, even if such fair use were to be expressly denied by the copyright owner. There will be friction in this grey area.

What about RSS Feed Catalogues?

The most interesting legal question in this connection is whether the use of RSS feeds for legitimate “cataloging purposes” by a commercial enterprise, such as Technorati or Google BlogSearch, is fair use. We think it is in principle, because we find it to be a permissible “transformative use” as in the Arriba case. However, we do not know what the courts will decide in this regard.

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