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In which I get a quasi-legal letter from New York

| 18 Comments

The backstory: a week or two ago, a newspaper based in New York started displaying a subscription dialogue over top of every article past 20 in a four week period. So I wrote 3 lines of javascript to hide that, dragged it into my bookmarks toolbar, thanked my sources and forgot about it.

It’s been a fun week, since then 60 000 people have used the link, I was a guest on NPR’s OnPoint with Tom Ashbrooke (syndicated to over 1 million listeners), Slashdotted and even mentioned by Der Spiegel.

I heard from the newspaper in question today in an email:

I am writing concerning your “NYTClean” bookmarklet, posted at http://euri.ca/2011/03/21/get-around-new-york-times-20-article-limit/.

As you obviously know, The New York Times Company has used its ‘The New York Times’ trademark since at least as early as 1851 and today offers numerous products and services under its famous ‘The New York Times’ trademark, including its online version of The New York Times at the URL NYTimes.com, and various blogs and electronic media products. NYTCo’s NYTimes.com website receives over 15,000,000 unique visitors each month. NYTCo owns numerous registrations for its ‘The New York Times’ trademark in the U.S. Patent and Trademark Office and Canadian Trade-Marks Office and these trademarks are among the company’s most valuable assets.

We object to your use of our famous “NYT” trademark in connection with your application and your promotion thereof, which constitutes trademark dilution and trademark infringement under U.S. and Canadian trademark law.

Accordingly, we ask that you immediately cease use of the “NYT” trademark in connection with this application. This email is without prejudice to any action that may be necessary to protect the valuable rights of NYTCo in its intellectual property.

Very truly yours,

Rxxxxxx Sxxxxx
Senior Counsel
The New York Times Company
[Contact information followed]

I’m a big fan of the newspaper in question; I would’ve taken the page down in exchange for a manila envelope with leftover detritus from Bill Safire‘s old desk. But I guess when you have a hammer (legal department) everything looks like a nail (needs to be mailed some legal boilerplate).

A few people have offered to mirror the code (and one or two JFDidI), but I expect I’ll end up complying with the request and call it NYNewspaperClean or something (I never intended to name the script in the first place, I just needed something to show up on the toolbar).

Any thoughts?

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  • http://Website Author Ox

    Dave- you are “one uppity wall busting Canadian”!

    http://excesscopyright.blogspot.com/2011/04/wall-busting-canadian-gets-c-letter.html

    Go for it!

  • http://www.bloomberg.net Jon Erlichman

    Dave,

    Wanted to talk to you about an interview. Shoot me an email.

    Jon

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  • http://sixthestate.net Sixth Estate

    You’re fortunate that “DMCA Canada” died on the order paper last month — they might have had a legal leg to stand on, then. But this sounds like desperate BS. They’re objecting to the NAME of the script? Hee.

    Since the script is not a commercial product, it is specific to the Times’s online version, and it’s hardly likely anyone is going to confuse you with the Times, I can’t imagine they have a serious case. But I can see not wanting to fight it when there’s an easy alternative.

  • http://Website Josh

    How about renaming it “FreeGrayLady”?

  • http://Website Shaz

    David, Thank you for your javascript. I ate up my 20 articles today looking at BBQ rib recipes! How about “HayesCode”?

  • http://Website JB

    Its not working on Mac. Cannot click & drag NYClean to tool bar — Mac OS X 10.6.7; 3 GHz Intel Core Duo; 4 GB 1067 MHz DDR3

  • http://Website Beth

    Seems to have stopped working today. I’ve been using it steadily, but today when I use it, the subscription notification goes away, but so does the scroll bar, so you can’t scroll down through the article.

    • dave

      I’ll try and look into it tonight.

  • http://Website Mike

    Same thing happened to me as Beth. Seems NYT found a work around to your work around. I’ll check back to see if you looked into it.

    Thanks for offering the bookmarklet – been using it daily.

    FYI – To all readers, you can also just copy the title into whatever web-browser you use and read the entire article from there. Only a few extra key strokes.

  • http://Website Misha

    Or you can block all NYT scripts, works even quicker.

  • http://Website Misha

    Come to think of it, I take that back. We shouldn’t post any workarounds here, since I guarantee you the NYT is monitoring this site. Thanks.

    • dave

      Judging from my logs, nytimes.com developers do periodically visit the site; but I’m sure they’re aware of the various workarounds already, I wouldn’t worry.

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  • GWH

    As of this morning it looks like NYT have figured a way to stop the script

    • Anonymous

      Should be fixed now.

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In which I get a quasi-legal letter from New York
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