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Re: Another prosecution-for-linking case

From: Henry S. Thompson <ht@inf.ed.ac.uk>
Date: Tue, 28 Jun 2011 08:31:07 +0100
To: Jeni Tennison <jeni@jenitennison.com>
Cc: "www-tag@w3.org List" <www-tag@w3.org>
Message-ID: <f5b39iujttw.fsf@calexico.inf.ed.ac.uk>
Hash: SHA1

Here's the misleading part of the Guardian article [1]:

  "The (computer) server was not based in the US at all," O'Dwyer's
  barrister, Ben Cooper, who has also been heavily involved in the
  McKinnon case, told Tuesday's hearing at Westminster magistrates
  court. "Mr O'Dwyer did not have copyrighted material on his website;
  _he simply provided a link_. The essential contention is that the
  correct forum for this trial is in fact here in Britain, where he
  was at all times."

  Some experts on digital law question whether _providing links to
  illegal downloads rather than directly hosting them_ would even
  constitute an offence in the UK. In February last year charges
  involving fraud and copyright against a similar site, TV-Links, were
  dismissed after a judge ruled that linking alone was not illegal.

  (emphasis added)

So the _three_-way distinction, between linking/embedding/hosting, is
just not understood. . .


[1] http://www.guardian.co.uk/law/2011/jun/17/student-file-sharing-tvshack-extradition
- -- 
       Henry S. Thompson, School of Informatics, University of Edinburgh
      10 Crichton Street, Edinburgh EH8 9AB, SCOTLAND -- (44) 131 650-4440
                Fax: (44) 131 651-1426, e-mail: ht@inf.ed.ac.uk
                       URL: http://www.ltg.ed.ac.uk/~ht/
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Received on Tuesday, 28 June 2011 07:32:10 UTC

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