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Re: An example of cross-jurisdictional complexity relating to copyright

From: Henry S. Thompson <ht@inf.ed.ac.uk>
Date: Thu, 12 Jul 2012 15:34:38 +0100
To: Noah Mendelsohn <nrm@arcanedomain.com>
Cc: "www-tag@w3.org" <www-tag@w3.org>
Message-ID: <f5b8vep9hfl.fsf@calexico.inf.ed.ac.uk>
Noah Mendelsohn writes:

> The note at [1] discusses a case in which, purportedly,
> an individual who resides in the UK is facing possible extradition to
> the US for posting links on a Web site, which itself is not US-based
> and is not primarily intended for US users, to material that the US
> considers to be copyrighted.

Quote from [1]:

  "He is facing extradition to the USA and up to ten years in prison,
   for creating a website - TVShack.net---which linked (similarly to a
   search-engine) to places to watch TV and movies online."

As I explained in some detail last year [2] when this first hit the
news, this is a classic example where terminology is misleading, and
we definitely have a job to do.  The person in question did not, in
the sense of "<a href='...'>", 'link' to places to watch TV.  He
'embedded' TV, in the sense of <img src='...'/>.  To be precise, on
the page cited in [2], if you View Source, you will see a (heavily
obfuscated) use of <embed> targeted at a flash player. . .


[1] http://act.demandprogress.org/letter/odwyer/?akid=1423.669729.VS6yPa&rd=1&t=2
[2] http://lists.w3.org/Archives/Public/www-tag/2011Jun/0112.html
       Henry S. Thompson, School of Informatics, University of Edinburgh
      10 Crichton Street, Edinburgh EH8 9AB, SCOTLAND -- (44) 131 650-4440
                Fax: (44) 131 650-4587, e-mail: ht@inf.ed.ac.uk
                       URL: http://www.ltg.ed.ac.uk/~ht/
 [mail from me _always_ has a .sig like this -- mail without it is forged spam]
Received on Thursday, 12 July 2012 14:35:11 UTC

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