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RE: Revised TAG finding: '"Deep Linking" in the World Wide Web'

From: Ian B. Jacobs <ij@w3.org>
Date: 10 Oct 2003 09:10:54 -0400
To: "Kay, Michael" <Michael.Kay@softwareag.com>
Cc: www-tag@w3.org
Message-Id: <1065791453.1526.105.camel@seabright>
Hello Michael,

The TAG reviewed a translation of the German court's
finding and concluded (at its face to face meeting
this week) that the case related appropriately to
the finding. The TAG therefore plans to leave
the reference in the finding.

Thank you for sending your comments,

 _ Ian


On Fri, 2003-09-12 at 07:10, Kay, Michael wrote:
> I don't find legal German easy, and I'm not a lawyer anyway, but I do
> find this case rather puzzling. It doesn't really seem to hinge on
> "deep linking" at all. It relates to the right of one party to protect
> its investment in the arrangement and presentation of its web site, as
> distict from the actual pages within the web site.
> 
> My reading is that the complaint described in this judgement is that
> someone provided a view into someone else's database without the
> database owner's permission. I would have thought that was contrary to
> the European Database Directive [2], and it surprises me that they
> didn't use that legislation to make their complaint.
> 
> Article 5 of the EDD reads:
> 
> In respect of the expression of the database which is protectable by
> copyright, the author of a database shall have the exclusive right to
> carry out or to authorize:
> 
> (a) temporary or permanent reproduction by any means and in any form,
> in whole or in part;
> 
> (b) translation, adaptation, arrangement and any other alteration;
> 
> (c) any form of distribution to the public of the database or of
> copies thereof.
> 
> The definition of "database" certainly covers the kind of web site we
> are talking about here, e.g. a searchable news archive, and
> "adaptation" and "arrangement" seem to cover the activity of creating
> a view of the database with deep links into its content.
> 
> The European Database Directive was established because people felt
> that there was insufficient IPR recognition of the investment made by
> companies who compile information that itself might be in the public
> domain, e.g. legal databases; it creates a copyright in the
> arrangement and selection of material that is separate from any
> copyright in the material itself.
> 
> Michael Kay
> (this is not in any way an expert opinion)
> 
> [2] http://europa.eu.int/ISPO/infosoc/legreg/docs/969ec.html
> 
> 
> 
> > -----Original Message-----
> > From: Ian B. Jacobs [mailto:ij@w3.org]
> > Sent: 11 September 2003 17:38
> > To: www-tag@w3.org
> > Subject: Revised TAG finding: '"Deep Linking" in the World Wide Web'
> > 
> > 
> > 
> > Hello,
> > 
> > I've published the 11 Sep 2003 of '"Deep Linking" in the
> > World Wide Web' [1]. From the status section:
> > 
> >   "The only change in the 11 Sep 2003 finding is the addition of a  
> > reference to a court decision in Germany that relates to deep 
> >    linking. The TAG decided to add this to the finding at its July  
> > face-to-face meeting."
> > 
> > I added a new section (9) entitled "Policies" for references of this
> > sort.
> > 
> > At the July ftf meeting, the TAG agreed that this revision
> > could be published without requiring an additional review and 
> > decision by the TAG since it only involved addition of a 
> > reference to a policy decision. Nonetheless, I welcome review 
> > of that (very short) addition to ensure that it is correct, 
> > especially since it is a reference to information in German.
> > 
> > Thank you,
> > 
> >  - Ian
> > 
> > 
> > [1] http://www.w3.org/2001/tag/doc/deeplinking-20030911.html
> > -- 
> > Ian Jacobs (ij@w3.org)   http://www.w3.org/People/Jacobs
> > Tel:                     +1 718 260-9447
> > 
> > 
-- 
Ian Jacobs (ij@w3.org)   http://www.w3.org/People/Jacobs
Tel:                     +1 718 260-9447

Received on Friday, 10 October 2003 09:15:24 GMT

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