The Times has also asked Twitter to disable an account someone created last week that uses the social media exemption in the paywall design to permit free access. The feed is called FreeNYTimes, but we don’t expect it to be around very long. The Times charges trademark infringement, which is pretty ridiculous, since someone will simply reconstitute the same idea under a different name. On the other hand, the Times had no alternative, since the account doesn’t violate any of its terms of service.
The Twitter workaround is simpler and much tougher to prevent. It takes advantage of a unique provision in the Times‘ terms of service that permits links from social media sources to go around the paywall. The Times should be commended for acknowledging the importance of word-of-mouth marketing, but it also created a gaping hole in its revenue plan in the process.
Consider this: The entire contents of nytimes.com are available as RSS feeds, which presumably aren’t going away when the paywall goes up. Free services like Dlvr.it can take any RSS feed and deliver it through Facebook, Twitter, LinkedIn, Buzz and any number of other social outlets. All you have to do is purchase one free subscription, grab all the RSS feeds and syndicate them through the social network of your choice. Everyone in your circle can now share your subscription. That’s what @FreeNYTimes.com is doing. Anyone can do the same thing in about a half hour.
Which means that if the the Times’ sincerely wants to shut down rogue operations like @FreeNYTimes, it is buying into a giant whack-a-mole game. Except maybe the Times isn’t all that worried about those scallywags. Joshua Benton quotes Times executives as being concerned about violations, but not inclined to throw too many resources at preventing them. They say any preventive scheme will be defeated by a small number of geeks, but the vast majority of readers won’t go to the trouble of seeking out the workarounds. They’ll just shell out the $15-$35 per month. As Benton points out, it’s been possible to get the Wall Street Journal for free for years, but most people don’t go to the trouble.
It’s a balancing act for the Times. Make it too easy for operations like @FreeNYTimes to flourish and you undercut the revenue model of a subscription system that reportedly cost more than $30 million to build. Try to whack every mole and you end up employing armies of lawyers and people to track down violations. We’re sure there will be plenty more to report on this story.
This entry was posted on Wednesday, March 23rd, 2011 at 4:49 am and is filed under Business News, Newspapers, OnlineMedia, Paywalls. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.