Re: link shorteners etc.

On 2014-06-25 19:16, David Singer wrote:

> I assume "link shorteners and similar service providers and third
> parties” should be "link shorteners and similar service providers are
> third parties”.

I would consider a content delivery network under contract by the first 
party meeting the definition of service provider as service provider and 
a link shortener a third party.


> It seems to me that this falls into two cases:  if I see the link as
> “See the full article on the Swampville Times” where the newspaper
> name is linked by a shortener that goes to their site, I agree with
> you, the shortener is not an obvious participant and I didn’t “visit”
> it, it is a third party.
> 
> On the other hand, if I see “Click on bit.ly/afs523bsk123 and you will
> be AMAZED at what you see!”, the only identity I see as a user is the
> shortener, and I have no idea what I expected to visit.  Are they now
> the first party, fleetingly?  Did I really intend to visit the
> Swampville Blog in this case, even though that is where I ended up?

In my opinion, bit.ly is, by virtue of the fleeting passing through 
bit.ly with no indication whatsoever of bit.ly's role, a third party 
(Shane is probably already disagreeing here). To invoke a classic: the 
mythical man in the Clapham omnibus will not realise that bit.ly is 
capable of registering him clicking that link in your second example and 
being able to correlate it with him clicking it in your first example, 
much less be aware of him consenting to such a thing. You and I will 
realise that given that we're both familiar (you a lot more than me) 
with how HTTP works.

That's why I introduced a qualifier of non-obviousness. And yes, it is 
frustrating that it is unlikely to have a more concrete and tangible 
test than this staple of law, the man in the Clapham omnibus, or 
whatever the equivalent is in your local lawyer's vernacular. (Next time 
I'm in London I must make a pilgrimage to Clapham by bus)

Regards,

  Walter

Received on Wednesday, 25 June 2014 17:35:45 UTC