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   Author  Topic: Web News Links  (Read 2062 times)
JSonnabend
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Re: Web News Links
« Reply #5 on: Jun 1st, 2006, 3:39pm »
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Following a link to content accesses the computer storing that content (absent a caching scenario).

Right, but how does that lead to the conclusion that the party posting the link has accessed anyone's server?  It's just text, akin to a telephone number or postal address.  Publishing it doesn't mean you've called it.
 
Quote:
Deep linking results in no less of a use of resources on or less of an access to the host computer than would page scraping which could occur on one's own browser or computer after accessing a page on a host computer.

Isaac, that makes no sense.  Posting a link is just that, posting a link.  It doesn't access anything.  Maybe you're espousing a contributory trespass theory or something?
 
As for posting excerpts a la Google, I think answering that question requires a fair use analysis, which we all know is difficult to undertake with any certainty of conclusion.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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Isaac
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Re: Web News Links
« Reply #6 on: Jun 1st, 2006, 3:44pm »
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on Jun 1st, 2006, 3:39pm, JSonnabend wrote:
Isaac, that makes no sense.  Posting a link is just that, posting a link.  It doesn't access anything.  Maybe you're espousing a contributory trespass theory or something?

 
Exactly.    
 
By analogy, we know that posting a link does not access or copy anything, but there is case law hosting a link can expose one to liability from copyright infringement.
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Isaac
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Re: Web News Links
« Reply #7 on: Jun 1st, 2006, 3:49pm »
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but there is case law hosting a link can expose one to liability from copyright infringement.

Really?!  I'd love to see that decision.  Cite?
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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Isaac
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Re: Web News Links
« Reply #8 on: Jun 1st, 2006, 8:40pm »
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on Jun 1st, 2006, 3:49pm, JSonnabend wrote:

Really?!  I'd love to see that decision.  Cite?
 
- Jeff

 
Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001).
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Isaac
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Re: Web News Links
« Reply #9 on: Jun 2nd, 2006, 6:27am »
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Just something I came across this morning  
 
11th Circuit to Webmasters: Telling Someone To Go Away Doesn't Make Them  
 
"The Eleventh Circuit in the case of Snow v. DirecTV held that a webmaster may not exclude certain persons from his site merely by telling them their access is unauthorized."
 
http://www.acsblog.org/ip-and-tech-law-2883-11th-circuit-to-webmasters-t elling-someone-to-go-away-doesnt-make-them.html
« Last Edit: Jun 2nd, 2006, 6:36am by Isaac » IP Logged

Isaac
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