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Re: linking and copyright

From: Noah Mendelsohn <nrm@arcanedomain.com>
Date: Mon, 18 Feb 2013 11:58:26 -0500
Message-ID: <51225DB2.9060805@arcanedomain.com>
To: Thomas Roessler <tlr@w3.org>
CC: Tim Berners-Lee <timbl@w3.org>, Wendy Seltzer <wseltzer@w3.org>, Rigo Wenning <rigo@w3.org>, "www-tag@w3.org List" <www-tag@w3.org>, djweitzner@w3.org
On 2/18/2013 8:48 AM, Thomas Roessler wrote:

 >Looks like interesting reading:
 >http://www.ivir.nl/news/European_Copyright_Society_Opinion_on_Svensson.pdf

I'd be grateful if someone with legal qualifications could confirm, but my 
impression is that this is a strong endorsement of the proposition that 
linking typically cannot constitute copyright infringement.

If I understand correctly, this ruling does suggest that there may be 
limited situations relating to (from item 7 in the "General" section):

(a) Accessory liability (particularly in respect of knowingly facilitating 
the making of illegal copies);6
(b) Unfair competition;
(c) Infringement of moral rights;
(d) Circumvention of technological measures.


in which linking might after all possibly constitute or contribute to 
infringement. Do I have that right? If so, seems like a very sensible 
ruling to me. Thank you.

Noah
Received on Monday, 18 February 2013 16:58:56 GMT

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