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Re: URIs, deep linking, framing, adapting and related concerns

From: David Booth <david@dbooth.org>
Date: Fri, 16 Oct 2009 10:49:19 -0400
To: Jonathan Rees <jar@creativecommons.org>
Cc: Rotan Hanrahan <rotan.hanrahan@mobileaware.com>, www-tag@w3.org, Thinh Nguyen <thinh@creativecommons.org>
Message-Id: <1255704559.25337.10054.camel@dbooth-laptop>
"Deep Linking" in the World Wide Web
TAG Finding 11 Sep 2003:
http://www.w3.org/2001/tag/doc/deeplinking.html

David Booth


On Fri, 2009-10-16 at 09:30 -0400, Jonathan Rees wrote:
> I think you are mostly asking architectural questions, which I won't
> answer right now; I just wanted to touch on the non-technical
> question.
> 
> On Fri, Oct 16, 2009 at 8:56 AM, Rotan Hanrahan
> <rotan.hanrahan@mobileaware.com> wrote:
> > To the TAG members,
> >
> > Recent discussions with other W3C members once again highlight the general
> > mis-understanding of the role of the URI (or URL, to use the term more
> > familiar to the wider community). The publication of a URL that identifies a
> > third party resource cannot (in any sensible manner) be prevented by that
> > third party because the URL is merely the address of a single resource
> > within a huge public space. By virtue of placing the resource into the
> > public space, the owner of the resource (or the associated intellectual
> > property) has effectively agreed to reveal the address and make it “common
> > knowledge”.
> >
> > Some owners of these resources seem to believe that they can legally prevent
> > people from uttering Web addresses in public. This would be counter to the
> > architecture of the Web, which depends on being able to make such
> > references.
> >
> > This probably seems correct to anyone familiar with the Web. A statement
> > from the TAG to this effect reinforcing the open nature of URLs may help
> > dispel the misunderstandings about what can and cannot be done with URLs.
> 
> I agree that a statement from someone is desirable. But this is
> primarily a legal question, which the TAG is ill equipped to answer.
> Putting a URI somewhere is a form of speech and is subject to whatever
> local regulations govern speech. For example, trademark law prohibits
> uses of a mark that might confuse a consumer, and uttering a URI that
> contains profanity, threats, pornography, copyrighted material, state
> or personal secrets, etc. would also be subject to law. So the
> question is not black or white. As for things like the absurd
> http://www.aa.com/i18n/footer/legal.jsp "links to the site", you'd
> really have to get an attorney or legal scholar to tell you that you
> are violating no law by ignoring what American says. You shouldn't
> believe me.
> 
> I would be happy to reinforce a request that W3C make a statement or
> FAQ of some kind on the subject. It might be desirable to summarize
> statute in a sampling of jurisdictions, and there is some relevant
> case law that W3C could point people to.
> 
> Jonathan
> 
> 
> 
-- 
David Booth, Ph.D.
Cleveland Clinic (contractor)

Opinions expressed herein are those of the author and do not necessarily
reflect those of Cleveland Clinic.
Received on Friday, 16 October 2009 14:49:47 GMT

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