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RE: [deepLinking-25] What to say in defense of principle that dee p linking is not an illegal act?

From: Bill de hÓra <dehora@eircom.net>
Date: Thu, 25 Jul 2002 23:44:58 +0100
To: "'Tim Bray'" <tbray@textuality.com>, "'Bullard, Claude L \(Len\)'" <clbullar@ingr.com>
Cc: "'Lucas Gonze'" <lgonze@panix.com>, <www-tag@w3.org>
Message-ID: <001301c2342c$e8778eb0$887ba8c0@mitchum>

> Tim Bray
> Bullard, Claude L (Len) wrote:
> > If a person breaks into your house and steals your jewelry,
> > is it theft when they entered through an unlocked door?
> The analogy is more like someone has a pile of logs in a 
> front yard with 
> no fence and a sign pointing at them saying "Logs here" and nobody 
> hanging around.  It's probably not theft if you walk away 
> with one. 

Arrgghh! These analogies don't make any sense on the web. By definition
I can't steal resources using the web. All I can do is download
representations. The idea that we can invoke trespass (not theft) laws
on the retrieval of representations is not just asinine, it's corrupt,
and predicated on a wrong headed model of how the web works, the very
same one that gives rise to the phrase 'surfing the web'. 

This is to with a Legal Architecture which neither entails from, nor is
justified by, the Technical Architecture. Tim Bray is right to raise the

Bill de hÓra
Received on Thursday, 25 July 2002 18:46:19 UTC

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