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Don't link to that story!
http://www.chillingeffects.org/ ^ | September 11, 2003 | J. Byron

Posted on 09/11/2003 2:15:29 PM PDT by J. Byron

This article features pages of the Chilling Effects Clearinghouse. Most of us know that we should exercise proper judgment in quoting stories under the doctrine of fair use and copyright law. However, some media companies seek to control access to their content even further. Some companies contend that simply linking to their stories is illegal. A court in Denmark has actually ruled linking to be illegal. Most companies don't like you linking directly to media files such as pictures, or audio and video clips. In that, they might have a point where there is no attribution and you are simply leaching their bandwidth. However, some companies contend that simply linking to an HTML page other than the front page is illegal. One such company says that it is a violation of copyright law and the Lanham act. (This seems as silly as some TV producers saying that not watching the commercials is a breech of contract.) Are Google and other search engines service providers? Some companies have used the DCMA to force Google to delete links in their database. So, if we post a hyperlink, we may be guilty of contributory infringement. And if some news companies have their way, the Denmark precedent may spread to America. No excerpting -- but no linking to stories either!


TOPICS: Business/Economy; Miscellaneous; News/Current Events
KEYWORDS: copyright; fairuse; law; linking

1 posted on 09/11/2003 2:15:29 PM PDT by J. Byron
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To: J. Byron
LOL, I can't keep up with the loonies that have invaded this place!

2 posted on 09/11/2003 2:17:02 PM PDT by Registered (Gray Davis won't be baaaaahhck)
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To: J. Byron
Huh?...don't tell Matt Drudge.
3 posted on 09/11/2003 2:17:50 PM PDT by finnman69 (!)
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To: J. Byron
Where is the link?
4 posted on 09/11/2003 2:19:17 PM PDT by finnman69 (!)
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To: J. Byron
Step away from the coffee cup.
5 posted on 09/11/2003 2:21:42 PM PDT by EggsAckley (........I believe in using the abuse button......)
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To: Registered
Who are you calling a looney? [defamation ;-)] I am not in agreement with the opinion that linking should be illegal. (to even illegal content which is like saying that you can't give someone directions to a street address without first checking whether or not it is a lawful establishment.)
6 posted on 09/11/2003 2:23:25 PM PDT by J. Byron
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To: J. Byron
Saying hyperlinks are illegal is similar to saying footnotes are illegal because they show the specific page number reference. Thus, with a footnote reference, one does not have to read the entire literary work to be the specific reference.

If a company has a problem with their company website being linked, they should put it on a private network, not a public network such as the internet. By placing data on the internet, they imply that is it available for public use.
7 posted on 09/11/2003 2:29:45 PM PDT by TomGuy
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To: EggsAckley
"Step away from the coffee cup."

I don't use the junk :-)
8 posted on 09/11/2003 2:29:49 PM PDT by J. Byron
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To: J. Byron
and you are.....

....RIAA representative?


9 posted on 09/11/2003 2:29:53 PM PDT by steplock (www.FOCUS.GOHOTSPRINGS.com)
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To: TomGuy
I agree. But read the articles on the site. These companies are serious.
10 posted on 09/11/2003 2:31:23 PM PDT by J. Byron
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To: J. Byron
U.S. District Judge Louis Oberdorfer drove the point home. None of it matters unless people take action, he told them.

"If you do it right, you people here will become law clerks and the law clerks will become judges and the assistant secretaries and YOU'LL RUN THE WORLD."

Hillary, Reno, Ginsburg, & "friends"

.
11 posted on 09/11/2003 2:33:10 PM PDT by steplock (www.FOCUS.GOHOTSPRINGS.com)
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To: steplock
"....RIAA representative?"

Read my Happy Birthday article and that should answer that.
12 posted on 09/11/2003 2:35:32 PM PDT by J. Byron
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To: J. Byron
It's just some else to keep lawyers busy--sort of like the guy who claimed the rights to "hyperlink" technology and another who claimed rights to "browser" technology and another who claimed rights to "htm" language. (Notice a pattern?)
13 posted on 09/11/2003 2:43:47 PM PDT by TomGuy
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To: finnman69
Where is the link?

What link? Ah, I guess you meant the article link. I put in "Free Republic" because this is my own mini-article - entirely my own words. I used links to Chilling Effects, but the words ARE MY OWN. I see that the moderator changed the article link to point to Chilling Effects, which I guess is OK with me.
14 posted on 09/11/2003 2:46:16 PM PDT by J. Byron
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To: J. Byron
Now that we've had out fun insulting, chidding, etc....

....as a webmaster (12 web sites) I get an occasional "please remove..." requests from other sites due to various reasons (political, ethical, business competition, etc). When I get the request, I immediately cut the link but I do write back advising that the link was cut but asking for some clarification/explanation (for my own education).

If the request is politically motivated, it really depends on the reason why they want it removed. A "I wrote this and I have exclusive contract with..." is a good enough reason for me to remove a story since my reposting could result in the original author being penalized. I usually ask then if I can paraphrase and that usually results in permission. Just because a story is embarassing politically to someone...too bad, it stays.

Like you stated, using an active link to show a picture is a no-no...that falls under "theft of service" - using their bandwidth/storage that they are paying for.

And the last error is unauthorized use of what turns out to be copywrited pictures/graphics. Usually this occurs accidentaly when someone send in a good picture, and because of the latest "watermarking" technology, the originators can find their pictures quickly. And you DON'T want to make a good graphic artist mad at you - you may need his/her services in the future.

I do basically what a law would require. The difference? Freedom, honor, integrity, professionalism. But mainly freedom - if a law can demand that I act a certain way that is considered to be a normal behavior, could not their next step be to force me to do what would be considered to be non-normal behavior? Shades of the GULAG?

That is exactly how our country has been overtaken by petty dictators - one small law that most would say "that's logical!" But if it is logical, WHY is a law needed? Because they have alread written a law restricting YOU from enforcing....no....motivating someone to behave socially acceptable.

You now MUST give the state all the power over your (sorry about this archaic term) "manliness"! They have degraded the term "macho", man, male, provider, honor, bread-winner - and they create an entirely new terminology such as "gravitas" (say what??!!), elan, and other "frenchie" words.............

;>)

Damn! All this from copywrite infringement?

I can tie this into global warming and/or the coming of the next ice age too!
15 posted on 09/11/2003 5:26:10 PM PDT by steplock (www.FOCUS.GOHOTSPRINGS.com)
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To: J. Byron
Why are these laws created?

This is the recipe for taking freedom from the people, the agenda for The Agenda:

• Make the government so large that no average citizen can keep up with what is going on. They will trust the news media to tell them.

• Hide every loss of freedom behind such a worthwhile cause that the people will nearly beg to have their liberties taken from them.

• Use the law to terrify people of the authorities so that rather than "to protect and to serve" the people, the laws protect and serve The Agenda.

• Let the representatives of the people become detached so that they are inaccessible, and all attempts to contact them seem futile. That way, people will realize "you can't fight city hall."

• Distract them with toys and entertainment so that they have no idea what's happening outside the theater or arena.

• Dilute major population centers with such cultural diversity that the old power base of established citizens is diminished and a new power base beholden to the state replaces it.

• Take control of the children through mandated education and keep the parents uninformed as to what is happening in the schools. If parents question school authority, make their lives miserable and keep them under the threat of having their children removed by the state.

• Repeat, repeat, and repeat again that the old ways were bad and intolerant and the new ways express greater opportunity for all (do not describe opportunity for what).

• Cheapen the value of life in the name of science promoting the betterment of life.

• Keep control of the media and take every measure necessary to eliminate the opposing journalists who see what is happening; expose them to ridicule and discredit.

• Rename everything so that no two people can agree on what one term means. For example, there are no longer any socialists in America, just "reformers" ... but reformers for what?

• Make heroes out of turncoats and flakes if they serve the purpose of The Agenda.

• Preserve the outward appearance of freedom even though the substance of it has been replaced by statism. Keep average folks too busy to notice or to care as long as they can shop the best bargains at the mall.

• Entertain the people all the way to the gulag.

It is when even the semblance of freedom is gone that people wake up and find out that their most pleasant dreams have evaporated and the present reality is, they have awakened to find themselves in prison.

Or to put it in my grandmother's words, "those who can't be told can be shown."

http://www.gohotsprings.com/focus/modules.php?op=modload&name=News&file=article&sid=593

.
16 posted on 09/11/2003 5:34:15 PM PDT by steplock (www.FOCUS.GOHOTSPRINGS.com)
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