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Re: linking and copyright

From: Thomas Roessler <tlr@w3.org>
Date: Tue, 19 Feb 2013 11:31:54 +0100
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>
Message-Id: <AF2FF3AF-1FED-4E99-AF33-C0016D24A5E7@w3.org>
To: Noah Mendelsohn <nrm@arcanedomain.com>
On 2013-02-18, at 17:58 +0100, Noah Mendelsohn <nrm@arcanedomain.com> wrote:

> 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):

Just briefly: This isn't a "ruling", but a statement put out by a large number of legal scholars who are trying to influence the European Court of Justice in its ruling on a pending case.

> (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.
Received on Tuesday, 19 February 2013 10:32:07 GMT

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