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Re: The legal status of linking and EC consultation

From: Konstantinov Sergey <twirl@yandex-team.ru>
Date: Tue, 14 Jan 2014 18:21:49 +0400
To: Henri Sivonen <hsivonen@hsivonen.fi>, www-tag <www-tag@w3.org>
Message-Id: <29911389709309@webcorp2h.yandex-team.ru>
I don't understand purpose of this Consultations, since Berne Convention and its later additions (notably WIPO Copyright Treaty aka WCT) contain all answers to these questions. Do they want to change Berne Convention or mere to have a more detailed explanations of technical terms?
In general, both these questions require not a technical answer, but correct explanation of terms "communication to the public" and "making available to the public" from Article 8 of WCT [1]

--
[1] http://www.wipo.int/treaties/en/text.jsp?file_id=295166#P78_9739

14.01.2014, 18:05, "Henri Sivonen" <hsivonen@hsivonen.fi>:
> The European Commission is holding a Public Consultation on the review
> of the EU copyright rules:
> http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm
>
> This consultation includes at least one question that's relevant to a
> TAG finding:
>
> The question:
>
> 11. Should the provision of a hyperlink leading to a work or other
> subject matter protected under copyright, either in general or under
> specific circumstances, be subject to the authorisation of the
> rightholder?
>
> ...seems relevant to http://www.w3.org/2001/tag/doc/deeplinking.html .
>
> The next question:
>
> 12. Should the viewing of a web-page where this implies the temporary
> reproduction of a work or other subject matter protected under
> copyright on the screen and in the cache memory of the user’s
> computer, either in general or under specific circumstances, be
> subject to the authorisation of the rightholder?
>
> ...might be of interest to the TAG as well.
>
> Additionally, parts "Limitations and exceptions in the Single Market"
> and "Disabilities" might be of interest to WAI.
>
> It seems to me it would be appropriate for the TAG to submit a
> response at least to question 11. Responses are due by February 5th.
>
> --
> Henri Sivonen
> hsivonen@hsivonen.fi
> https://hsivonen.fi/

-- 
Konstantinov Sergey
Yandex Maps API Development Team Lead
http://api.yandex.com/maps/
Received on Tuesday, 14 January 2014 14:22:27 UTC

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