AP v. Meltwater - I'm not betting for AP on the appeal
AP won a "big" victory against news aggregator Meltwater yesterday.
But I'm not betting against Meltwater on appeal when it comes to the judge's ruling that showing the lead from a story is not fair use.
While the ruling specifically couches it in the frame that Meltwater is not like a search engine, driving traffic to other sites, I expect the EFF and other groups to really pile on in the appeals court to gut the AP's "heart of the work" argument. I just have this sneaking suspicion the appeals court will agree.
What's clear, however, is that the next few years will see sustained battle in the courts - both legal and of public opinion - over the new equilibrium to be established in the digital age. Google already is battling on the European front.
The courts are usually about a decade behind technology in having the law catch up. We're about due.
(For some detailed commentary on all this, see Mike Masnick on TechDirt, who finds numerous flaws in the ruling, and Jeff John Roberts on Paid Content.)