- 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>
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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. . .
ht
[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/
[mail from me _always_ has a .sig like this -- mail without it is forged spam]
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Received on Tuesday, 28 June 2011 07:32:10 UTC