CBS steals my work

General Counsel
CBS Interactive, Inc.
235 Second Street
San Francisco, CA 94105
415/344.2000

I called you about this but you didn’t return my call. Your CNet TV site has been stealing my work.

Try a search on “CNet” and “NerdTV” and you’ll find many of my NerdTV my shows, complete with their Creative Commons attributions at the end prohibiting their use on commercial sites. CNet TV is a commercial site because it carries advertising.

Why does your professional media operation feel the need to rip off my work?

Here’s my Google search:

 

Here’s a sample CNet page. Notice the Blackberry ad.  There are other ads.

 

I don’t know how long this has been going on but stop it immediately.

These shows and NerdTV season 2 will appear in the fall on a site that actually asked permission to use them.

Take them down now.

Note — As of  Sunday evening July 3rd Cnet appears to have taken down the NerdTV videos.


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61 Comments

  1. Tim says:

    this, to me, looks like a perfect opportunity for Bob to submit a DMCA claim.

  2. Mac McCarthy says:

    Seems that way to me too!

  3. Jim says:

    Wow. Some of Bob’s material showed up on a Google search.

  4. R. Lawson says:

    Do you have a link to the creative commons license that’s used? I’m not from CBS :-) Just curious as to what it says.

    Is there a misunderstanding as to what “commercial” means, was it an over-sight, intentional theft, or what?

    Don’t mess with Cringely.

    • http://creativecommons.org/licenses/by-nc-sa/3.0/

      This is the Creative Commons non-commercial attribution share alike license, which is what I used for NerdTV. It allows only non-commercial derivative works that give attribution to the original source and require the same terms of any sub-derivative work. CNet violated this license by being commercial, by not giving attribution, and by distributing its derivative work under a different license — a traditional copyright.

      Think about it. I distributed NerdTV under a very clear license cited in the video with only three terms and CBS violated ALL of them.

      • Bill Coleman says:

        And what would have happened to someone else had they violated the terms of CBS’s license (on material actually owned by CBS)? I’m sure CBS would take them to the cleaners. You should, too, Bob.

  5. Shiv says:

    Glad to help Bob! :)

  6. Derek says:

    Go get ‘em, Bob!

    Also:

    >> and NerdTV season 2 will appear in the fall

    YES!!!!!!!!!! Where do I pre-order the make-Cringely-rich DVD edition?

    Also, where’s that new book you mentioned four years back?
    http://www.pbs.org/cringely/pulpit/2007/pulpit_20070531_002163.html

    I’d like to pre-order that as well. :-)

  7. DMCA takedowns do not apply here — CNET TV is not a provider, so it has no right to the safe harbor provision, which is what DMCA takedown notices are about. They are just plain copyright infringers.

    If they host their site on some third party provider, then a DMCA takedown notice could be send to *that* provider.

    Mind you, IANAL.

  8. Scott says:

    If someone had done that to one of Sumner Redstone’s precious creative enterprises, his attorneys would try to have the owners of the site jailed, whipped, and hanged.

    ABC/Capital Cities/Go/Disney did pretty much the same to me when they launched their Outside Magazine website… ripped off a site I’d done for a few of my favorite national parks word for word, including my personal pictures.

    This kind of crap is one of the main reasons I’m a cultural dropout. Every last sleazebag in the for profit media business is a lying, hypocritical thief. Let ‘em get their meals from someone else.

  9. Dave says:

    Lately I’ve been finding that some large commercial operations are insensitive to copyright issues. I’ve had my own image appear in some places it didn’t belong, without any requests for permission, and with my watermark clearly showing above their words, “SUPPLIED PHOTO.”

  10. Michael says:

    Cringely, if you can’t get a hold of them, just host some Star Trek episodes on your website for a while. I guarantee you their copyright office will contact you.

    • John says:

      Boy you have that right. If it wasn’t for the loyal following of Trek fans, they would have buried the whole program in a deep hole and forgotten about it. But because there is a following they begrudgingly continue the series and episodes. Heaven forbid if any of their more enthusiastic fans posts a photo or film clip — its off with their legal head.

      Maybe what the world needs is a good web connected data center somewhere outside the reach of Paramount and CBS’s lawyers.

  11. Sorry to hear about your problems, Bob.

    By the way, will we ever see any of the videos from your Startup Tour interviews? (I would like to see you grilling some of those people.)

  12. Ronc says:

    Hey Bob, Perhaps I misread some of your previous posts on the subject of Nerd TV, but it seems you usually pass the buck to “Oregon Public Broadcasting” as the owner, saying you have no control over its availability.

  13. HardwareGuy says:

    You can submit a DMCA to google and they will delist the pages until you get CBS to take it down.

  14. RIPPER says:

    You buried the lede…

    NerdTV season 2…I don’t believe it!!!

  15. Jacob says:

    Robert,
    I am former Marine. Myself and about a 100 cohorts (no swabbies nor doggies) will provide whatever force may be necessary if the usual and customary protestations through the California court system are impotent or inconclusive.

    Seriously, Walter Cronkite is rolling over in his grave after hearing about this.

    Hang in there, you have more supporters than you know.

    Cheers,

    Jacob

  16. Simon says:

    Maybe they can pay you whatever they’ve earned from the pages hosting your material? Might give you enough cash to finish of season two of Nerd TV, which is starting to feel a bit like waiting for Duke Nukem forever. Hopefully will be better received when we eventually get it!

    ;-)

  17. Larz says:

    Imitation is the best form of flattery

  18. Joe says:

    Plagiarism ………. the internet disease. I hope it all works out.

  19. Morgo says:

    do you really need to preach to the converted

    • No, but it helps to shame CBS into doing the right thing. When their counsel didn’t call back and I saw all the hoops their site said I (not they) had to go through to get them to stop stealing my work, I knew the better action was just to make them looks stupid and greedy. And it worked.

  20. John says:

    DINGO: No! Oh, no! Bad … bad Zoot!

    GALAHAD: What is it?

    DINGO: Bad, wicked, naughty Zoot! She has been setting fire to our beacon, which I have just remembered – is grail-shaped … It is not the first time we’ve had this problem.

    GALAHAD: It’s not the real Grail?

    DINGO: Wicked wicked Zoot … she is a bad person and she must pay the penalty. And here in Castle Anthrax, we have but one punishment … you must tie her down on a bed … and spank her. Come!

    GIRLS: A spanking! A spanking!

  21. Andrew Schroeder says:

    As a service to the public, I propose you permit CBS to use your episodes in exchange for permission to digitize any public domain Jack Benny episodes.

    http://www.jackbenny.org/biography/other/cbs_permanently_seals_jack_benny.htm

    • Ronc says:

      I often wonder where are the reruns of Golden Era shows like Benny, Burns and Allen, Amos and Andy. I can’t even think of a new series that did the Jack Benny trick of looking in on the other actors on a TV set between scenes in which he appeared. And Gracie’s closet of hats…priceless. Of course we all know what happened to A&A…we may have to wait for a black US president before they’ll let us see it again.

      • Ronc says:

        Oops! That trick of side-commenting on the story belongs to George Burns not Jack Benny. Benny had the 39-year-old and miser routines along with Rochester. Come to think of it the lack of availability of Jack Benny programs may be related to Rochester http://www.youtube.com/watch?v=8LItvNnwOk4 so perhaps it’s similar to the Amos and Andy problem.

      • Andrew Schroeder says:

        Actually, one of my local terrestrial digital subchannels was showing Jack Benny episodes via myretrotv.com until they switched, to my chagrin.

  22. Nick Howard says:

    It looks like the videos are down now. I can get the pages to come up, but there is no content in the flash player.

  23. cloudsandskye says:

    Instead of contacting the muckity-mucks at corporate headquarters, you would probably get better results by contacting the site editors:

    http://www.cnet.com/cnet-editors/

    http://www.cnet.com/cnet-tv-hosts/

  24. Ira says:

    Time to use Quinn Emmanuel…

  25. Just put an automatic perpetual exchange permission in the opening embedded credits giving you permission to use any and all of their copyrighted works in perpetuity if they use your material without written permission. Any attorney could probably compose an effective ‘terms or service / exchange of rights’ to be included in all your published works.

  26. swschrad says:

    you can’t see BS without CBS

  27. Joshua says:

    Bob, is nerdtv.net still a valid domain for NerdTV? When I try to access content from http://distribution.nerdtv.net/video/ntv001/ntv001.mp4 via the PBS links, I get a connection timeout.

    Also, http://nerdtv.net doesn’t seem relevant to NerdTV at all. Is something amiss?

    Now that you mention that CBS isn’t hosting NerdTV content, where can one go to see the content?

    Kind Regards,
    -Joshua

  28. hoppy says:

    Give them hell Bob, Cnet is a site i simply don’t trust !
    Take a look at their Download section and filter the results for “free” software!
    I have never sen so many programs that are on the suspicious list of being malicious.
    One notable entry is 10bit 360 which was an anti malware program from China who had been stealing Malwarebytes signature database.!
    They were caught when Malwarebytes became suspicious after scan results showed “identical” descriptions of infections.

    Malwarebytes then made up a false virus that was harmless, no other AV flagged it up as the code was harmless except two,,Malwarebytes and 10bit 360.
    They embedded a message that said “please dont steal our software”.

    All other Freeware sites dropped 10bit but Cnet refused as they claim that they check all programs.
    Take a look at their Freeware section, this is a site people trust yet they host suspicious programs that their team never bother to review.

    They are gangsters,, i hope you give them what they deserve Bob..

  29. I guarantee you their copyright office will contact you.

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  31. longchamps says:

    looks like a perfect opportunity

  32. kerr mercer says:

    Its only dramatic if you make it dramatic.

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