Yet the unlimited expanse that the Internet provides and the amazing capacity of Google (and Yahoo and MSN, etc.) to search it, soon began to change everything. Vending services like eBay and Craigslist flourished; sensations like MySpace and YouTube, where users provide the content, were born at the intersection of creativity and engineering; audiences were suddenly huge for essentially brand-new Web news providers online, such as MSNBC and CNN. Sites like The Drudge Report showed the potential of aggregation and, later, The Huffington Post showed the potential for garnering large crowds partly by recycling material created elsewhere.

Significantly, most of the established news organizations reached the same conclusion about how to take advantage of what was happening on the Web. They went for the model that had supported network television for decades—mass audiences attracted by free access that would justify high advertising rates. Virtually overnight, Google et al were delivering hundreds of millions of readers to media companies which, in turn, believed they could monetize those visitors.

This approach contrasted with the one adopted in the 1980s by the emerging cable systems for television. Those companies negotiated subscription fees with the providers of their most popular programming, such as ESPN and dozens of other channels, including some that carried news. (The average cable subscriber, for example, pays 77 cents per month for Fox News, whether they watch it or not.) Most cable networks also have copious advertising, from inexpensive pitches for local establishments to national campaigns. This flow of subscription revenues, combined with advertising, made cable programming a lucrative business—which, ironically, resembles the way newspapers and magazines operated until they unilaterally decided they were better off giving content away. (There are differences, of course, especially since barriers to a cable system are high, while barriers to launching on the Web are low, even though moguls like Barry Diller at The Daily Beast and others have found themselves investing real money there to get started.)

As the scale of the global economic implosion became clear, accelerating negative trends in circulation and advertising already under way, it became increasingly obvious that the free-content model was not working. News audiences were huge. On September 29, 2008, the day the Bush administration’s first bailout proposal was voted down by the House of Representatives and the Dow fell almost eight hundred points, NYTimes.com had 10 million visitors and 42.7 million page views. But revenues for The New York Times Company were disappearing so fast that this respected gatherer of news had to beg and borrow just to meet its debt obligations and maintain its news operation while also sustaining morale for the myriad innovations necessary to stay extant. This spring it threatened to shut down The Boston Globe, another financially sick newspaper with healthy traffic on its Web site. Unless new ways of attracting and sharing revenue are devised with the same breathtaking speed with which they have disappeared, the gathering of news by reputable, experienced institutions that are cornerstones of their community and the nation will be irreversibly damaged.

Print journalism bought into the free-news online model. Still, it is hardly surprising that the winners in the transformation of news dissemination, the distributors and aggregators, would become the focus of grievances by those they have trounced, willfully or not. So what is to be done to manage the consequences of this inexorable transformation of news delivery? If there is a simple, all-encompassing answer to that question, I did not find it in discussions with practitioners and pundits on all sides of the problem. But in the haze, I did find a tripartite framework for understanding the major aspects of the issue—let’s call them the doctrines of Fair Conduct, Fair Use, and Fair Compensation.


Fair Conduct


On Saturday afternoon, February 7, 2009, SI.com, the Web site of Sports Illustrated, broke a huge story: Alex Rodriguez, the mega-rich Yankees star, had taken performance-enhancing drugs while playing for the Texas Rangers. Sports Illustrated released the story on its Web site rather than in the magazine, according to the editors involved, in an effort to enhance SI.com’s standing as a destination for fans increasingly conditioned to getting sports news online. Within hours the story was everywhere, but if you went through Google to find it, what you likely got instead were the pickups that appeared elsewhere, summaries or even rewrites, with attribution. Most galling was that The Huffington Post’s use of an Associated Press version of SI’s report was initially tops on Google, which meant that it, and not SI.com, tended to be the place readers clicking through to get the gist of the breaking scandal would land.

Traffic on SI.com did go up on that Saturday and for days thereafter, but not nearly as much as the editors had projected. As long as the value of advertising on the Web is measured by the number of visitors a site receives, driving those numbers is critical, and therein lies the dilemma. Why did The Huffington Post come up ahead of SI.com? Because, even Google insiders concede, Huffington is effective at implementing search optimization techniques, which means that its manipulation of keywords, search terms, and the dynamics of Web protocol give it an advantage over others scrambling to be the place readers are sent by search engines. What angered the people at Sports Illustrated and Time Inc. is that Google, acting as traffic conductor, seemed unmoved by their grievance over what had happened to their ownership of the story. An SI editor quoted to me Time Inc’s editor-in-chief, John Huey, noting crisply that, “talking to Google is like trying to talk to a television.”

The rules of the road for distributing traffic on the Internet need to include recognition, in simple terms, of who got the story. The algorithm needs human help; otherwise, valuable traffic goes to sites that didn’t pay to create the content.


Fair Use