Publicity-wise,
nothing could have been better for bestselling iPad newsreader Pulse
than being featured in the Steve Jobs WWDC keynote speech in which he revealed the new iPhone 4 on Monday – and then
almost immediately being pulled from the iTunes App store because
of an angry letter from the lawyers of The New York Times.
It
seems the Times’ sharp-eyed legal eagles believe that Pulse violates the Terms
of Service for the use of the Times’ RSS feed by being a for-profit enterprise
($4 in the app store) that displays Times
content sans Times advertisements. The fact that all RSS readers do this – and that many of them also charge for the privilege or, like Google’s
Reader, make money off of RSS feeds by pairing them with their own
advertisements – seems to have been lost on the Times’ lawyers.
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The
event left some observers – notably Jason Kottke – wondering if a
similar fate could befall the beloved-by-geeks-everywhere app Instapaper,
which does the same thing as Pulse but worse: whereas Pulse merely reproduces
existing RSS feeds, Instapaper actually scrapes sites’ pages and drops them
onto user’s devices for offline viewing, sans flash advertisements.
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People
who rely on Instapaper to manage their web reading experience across the
desktop, iPhone, iPad and Kindle – which, if you read the tech press, appears
to be essentially everyoneyou’veeverheard of – tremble in fear at the
possibility of losing it. So, rather than guessing whether or not its ever
getting booted from the App store for scraping content from The New York Times or any other outlet is a possibility, I put it to Instapaper’s creator directly.
Here,
in its entirety, is what Marco Arment had to say about how to keep your
newsreader from getting yanked from the iTunes App store:
“I
recognize that, as part of Instapaper’s offline text-parser feature that powers
the iPhone app, ads are sometimes removed. This is not an explicit goal, but
usually a technical side effect: since the iPhone cannot run Flash, and
guaranteeing offline access requires me to remove Javascript, many web ad
formats cannot be shown offline on the iPhone or iPad. Image-based ads are supported,
and are often included in Instapaper’s offline text version.
If
ads do get removed by the text parser, it’s not as bad as some initially may
assume: since each customer saw the complete page on the publisher’s site
before clicking Instapaper’s Read Later bookmark, they already viewed the ads
on the page.
I’ve
spoken with many publishers about Instapaper, and their reactions have been
almost unanimously positive. Many of them have even worked with me to ensure
that their content is parsed properly by my text parser, and some have even
integrated Instapaper links into their sites.
If
any publisher elects not to have their content readable in Instapaper, I gladly
add them to an exclusion list. So far, that list has only one entry for a small
Idaho newspaper’s site.
Usually,
publishers recognize the value – building visitor loyalty, increasing user
satisfaction, increasing retention – and are happy to be accessible in
Instapaper.”
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I followed up by asking Marco whether or not news sites are friendlier toward Instapaper because its workflow means they first have to go to a news outlet’s website and generate a pageview or two, whereas Pulse might mean they avoid going to the source news site at all:
“The
NYT is historically very aggressive about this sort of thing. It wouldn’t
surprise me if this decision was made in isolation, without consulting with
other departments, and without regard to whether it’s consistent with the NYT’s
overall strategy.
If
I ever believe that there’s a good chance that the NYT would pressure Apple to
remove Instapaper from the App Store, I’ll just proactively block them from
being accessed, and tell my readers exactly why they can’t read The New York
Times in Instapaper.
Instapaper
is a general-purpose tool that my customers use to read content from thousands
of publishers, large and small. No single publisher is critical to its
usefulness.