Re: TAG ISSUE-25 deep linking

Hello Rigo,

On 2011/04/12 5:29, Rigo Wenning wrote:
> Hi Yves,
>
> please note that the german federal supreme court in civil matters
> (Bundesgerichtshof) decided on 14 October 2010 (the motion was published
> today) that Links participate in the freedom of expression of the main
> document.

Without having studied this decision, this seems to make lots of sense.


> In the case, a journal article on copyright infringement had linked to a
> software that allowed the circumvention of copyright protection mechanisms.
> The court decided that if an article, by its content, is protected by freedom
> of speech, the links on foreign web pages that prove or complement assertions
> of the text are also covered by the freedom of expression out of the main
> text.

Should this not be "the links *to* foreign web pages"? Otherwise, I'd 
take it to mean that if a site A, protected by freedom of speech, would 
have a link to a site B, then the links from site B to sites C, D,... 
would also be covered by this ruling, and possibly recursively further 
on. Is this really what was at issue?


Regards,   Martin.

Received on Tuesday, 12 April 2011 00:34:30 UTC