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Fair use of API?

Johnny ©ontax says:

www.thousandpics.com/

The above site displays thumbnails of the current 1000 most interesting pictures on flickr.
It does link back to flickr, but only to the static page, which means that less net savvy users will have little or no idea of who's work they are viewing.
Is this fair use?
Posted at 9:59AM, 12 March 2008 PDT ( permalink )

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Flickr Staff

Eric says:

No, that is a violation of our TOU. Thanks for the heads up.
Posted 51 months ago. ( permalink )

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Michael Smith  Pro User  says:

Thanks for bringing this up, John. The fact that they only link to the static page ruins what could be a cool idea.
Posted 51 months ago. ( permalink )

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Michael Smith  Pro User  says:

Thanks Chris. This project looks fun!
Posted 51 months ago. ( permalink )

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zyrcster  Pro User  says:

Chris Farrugia No offense, but the first section of the API ToU states:

"Comply with the Flickr Community Guidelines at www.flickr.com/guidelines.gne..."

And the CG states:

"Do link back to Flickr when you post your photos elsewhere.
The Flickr service makes it possible to post images hosted on Flickr to outside web sites. However, pages on other web sites that display images hosted on flickr.com must provide a link from each photo back to its photo page on Flickr."

[emphasis mine]

It's on you to comply with the API ToU, at the cost of having your keys revoked if you violate them.

I'm sorry that you had to learn this the hard way, but Flickr and Flickr users count on API developers to follow these terms.
Posted 51 months ago. ( permalink )

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Chris Farrugia (chrisfarrugia.net)  Pro User  says:

Yes yes, I admit its my fault :) But, shouldn't the flickr team send an email saying...

"Hey ! We have noticed that you have been violating the ToU. Fix this problem in 24 hrs or your key will be deactivated."

This way you can make any fixes without having your application down for a long period of time.
Posted 51 months ago. ( permalink )

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zyrcster  Pro User  says:

Well, that would require overhead on Flickr's part to keep a list of sites that they then have to go revisit after 24 hours.

Besides which, you might be away that day, and then come back to find the same thing happened, then you would be here asking for 48 hours or a week or a month.

And, if your app is violating the ToU, then as long as it's up there it's not a good thing. It makes sense to just revoke the keys, disable the site, and then go from there.
Posted 51 months ago. ( permalink )

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Wooble says:

Plus the API TOU (1.b.iii.) includes "Display more than 30 Flickr user photos per page in your application" under things you shall not do, so really the entire concept of your application including the domain name is a massive violation. Not exactly a quick fix there.
Posted 51 months ago. ( permalink )

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The Searcher  Pro User  says:

That sounds like it may not mean/include thumbnails. Otherwise quite a few popular tools, like FlickrLeech, Fd's Flickr DNA and Flickr Scout, would be violating that, oo.
Posted 51 months ago. ( permalink )

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Walwyn  Pro User  says:

The thumbs are probably allowed under 'fair-use'.

But these show the whole of a group, stream, set in medium or large are most likely out-of-bounds. And A.ii most likely covers the rest of the objections in the other current threads.


Posted 51 months ago. ( permalink )

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matt  Pro User  says:

The thumbs are probably allowed under 'fair-use'.

It's not necessarily a copyright issue, since the terms of use are for access to the API, which is a separate thing entirely from whether or not displaying any given image is fair use.

E.g., it would be entirely legal for me to photocopy and sell, say, and original edition of the Encyclopédie, since it's out of copyright. This doesn't mean that the owners of the book are required to give me access to it, or couldn't kick me out if I spilled tea all over it when they told me "don't eat or drink around the Encyclopédie".
Posted 51 months ago. ( permalink )

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Flickr Staff

Eric says:

Chris, as others above had said, we simply can't afford the time it would take to warn and recheck on violations.

I'm very happy that you are willing to take the time to make changes, now that you know about the problems. Cheers!
Posted 51 months ago. ( permalink )

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Chris Farrugia (chrisfarrugia.net)  Pro User  says:

A question regarding this issue... can a thumbnail link to a larger version ... which then links to the flickr page? or does the thumbnail have to link directly to the flickr page?
Posted 51 months ago. ( permalink )

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Chris Farrugia (chrisfarrugia.net)  Pro User  says:

A question regarding this issue... can a thumbnail link to a larger version ... which then links to the flickr page? or does the thumbnail have to link directly to the flickr page?
Posted 51 months ago. ( permalink )

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Walwyn  Pro User  says:

There is a bit of controversy going on at the moment about the large sizes of "All Rights Reserved" images irrespective of thumbs:
www.flickr.com/help/forum/en-us/67860/
Posted 51 months ago. ( permalink )

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Chris Farrugia (chrisfarrugia.net)  Pro User  says:

damn, that thread is looooong.
Posted 51 months ago. ( permalink )

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Walwyn  Pro User  says:

Executive Summary.

Some people have an ARR copyright and restrict downloading. Displaying the larger sizes (small and above) could be considered a copyright abuse.
Posted 51 months ago. ( permalink )

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Matilde B.  Pro User  says:

damn, that thread is looooong.

Thanks to Flickr staff who has failed to answer the thread until now.
Please, if had not done yet, blacklist me from your site, sorry and many thanks. :)
Posted 51 months ago. ( permalink )

This thread was closed automatically due of a lack of responses over the last month.

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