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Drudge Retort Considers Lawsuit Against AP

Publication Date: 
June 17, 2008
Online Media Daily
Wendy Davis

Anthony Falzone, executive director of the Fair Use Project of the Center for Internet & Society is quoted in this story about takedown notices issued to the Drudge Retort by the Associated Press:

The owner of the left-wing site Drudge Retort said Monday he is considering going to court to challenge a claim by The Associated Press that posting short excerpts of wire service stories violates its copyright.

Rogers Cadenhead late last week removed seven stories from the social news site he operates, Drudge Retort, in response to takedown notices from the Associated Press.


The site was launched by Cadenhead around 10 years ago as a parody site to the conservative Drudge Report. Around 5 years ago, it became a social news site, where members can post links and comments.

Cadenhead said that he is now considering asking for a declaratory judgment stating that the posts do not violate The Associated Press's copyright. Stanford Law School's Fair Use Project might represent him in that action; however, as of Monday, he was not a client of the center.

Anthony Falzone, executive director of that project, said the material that had been posted to Drudge Retort did not appear to infringe the wire service's copyright. "The AP's position is rather startling," he said. "They (Drudge Retort) use very small snippets of Associated Press stories to generate discussion on the Web site about the issues. That would seem to be a rather clear fair use."