NPR claims to be reconsidering its link policy, and in the meantime, it's posted more specious rationalization. Brutally, brutally stupid.
The policy was originally intended to maintain NPR's commitment to independent, noncommercial journalism. We have encountered instances where companies and individuals constructed entire commercial Web "radio" sites based on links to NPR and similar audio. We have also encountered Web sites of issue advocacy groups that have positioned the audio link to an NPR story such that one cannot tell that NPR is not supporting their cause. This is not acceptable to NPR as an organization dedicated to the highest journalistic ethics, both in fact and appearance.
However, NPR also recognizes that the majority of the linking on the Web is not infringement. We are working on a solution that we believe will better match the expectations of the Web community with the interests of NPR. We will post revisions soon at www.npr.org.
Linking to or framing of any material on this site without the prior written consent of NPR is prohibited. If you would like to link to NPR from your Web site, please fill out the link permission request form.
Unpacking that:
- The policy was originally intended to maintain NPR's commitment to independent, noncommercial journalism.
This policy does not serve this commitment. The end-product of independent, noncommercial journalism is public discourse, which on the Web takes the form of links. If you're committed to journalism, you must endorse linking.
- We have encountered instances where companies and individuals constructed entire commercial Web "radio" sites based on links to NPR and similar audio.
Was this infringement? If so, why didn't you seek redress in the courts? It's my opinion that someone who constructs a directory — commerical or non-commercial — of references to locations on the web no more infringes than someone who produces a tourist map to a city that marks the location of major attractions.
- We have also encountered Web sites of issue advocacy groups that have positioned the audio link to an NPR story such that one cannot tell that NPR is not supporting their cause.
You are lying. There is no way that one could link to a stream of a fair and impartial newscast (links to streams must be to the whole stream, from beginning to end, remember) such that it can't be distinguished from advocacy or opinion. If there were NPR stories that were indistinguishable from advocacy, this indicates that the NPR stories were not impartial to begin with.
- This is not acceptable to NPR as an organization dedicated to the highest journalistic ethics, both in fact and appearance.
No other journalistic organization of note has a parallel policy (NPR's ombudsman's defamatory fabrications about CBC and BBC notwithstanding). The idea that linking must not be permitted because it would compromise the appearance or fact of ethics is a fantasy concocted by NPR's representatives.
- NPR also recognizes that the majority of the linking on the Web is not infringement.
How grand of you. All linking on the web is not infringement. The recititation of public facts — this document exists at this location — is never an infringment. Promulgating this myth is purely wrong, especially from a journalistic organization that prides itself on its ability to seek out and deliver the truth.
- Linking to or framing of any material on this site without the prior written consent of NPR is prohibited.
In the words of Patrick Nielsen Hayden, "Of course, it isn't 'prohibited.' Or rather, it's 'prohibited' with exactly the same legal force as I have when I say 'False legal claims designed to intimidate the public are hereby prohibited. Signed, Me.' This is the web. If you put a public document onto it, it's linkable. If you don't want to be linked to, use some other means of putting your information online."
(Thanks, Dave!)
