Re: TAG ISSUE-25 deep linking

Le 12 avr. 2011 à 02:33, Martin J. Dürst a écrit :

> On 2011/04/12 5:29, Rigo Wenning wrote:
>> 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.

To me as well, this is great news!
I dare say I'm proud to live in Germany if I understand it all well!

>> 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?

Martin, it does mean "to" foreign web-pages because "auf fremde Internetseiten" is an accusative hence means a direction. It should have said |auf fremden Internetseiten" if it meant a location.

Pretty subtle ;-)!

paul

Received on Tuesday, 12 April 2011 06:11:33 UTC