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Re: Arrested - re: TAG ISSUE-25 deep linking

From: Jonathan Rees <jar@creativecommons.org>
Date: Wed, 9 Mar 2011 09:34:46 -0500
Message-ID: <AANLkTimOTHSW7h86MpM7g49eZhj6Qn5HHOM+Hzpw-_5-@mail.gmail.com>
To: Tim Berners-Lee <timbl@w3.org>
Cc: TAG List <www-tag@w3.org>
I saw this one too, and almost relayed to www-tag, but I thought it would be
better to find out exactly what this person was being charged with and on
what evidence. When I tried to drill down on this, the trail seemed a bit
thin.

Here is the relevant techdirt article:

http://www.techdirt.com/articles/20110303/16584013356/ice-arrests-operator-seized-domain-charges-him-with-criminal-copyright-infringement.shtml

This leads to these two ICE press releases:

http://www.ice.gov/news/releases/1102/110202newyork.htm
http://www.ice.gov/news/releases/1103/110303newyork.htm

It certainly sounds as if ICE has convinced a judge at arraignment (I'm
assuming that there was an arraignment) that linking can constitute
infringement. But it's as likely that both the ICE and the judge are
confused about how the technology works. I'd like to hear from someone
competent to do legal analysis before reacting too strongly to this case.

The action seems to be on EFF's radar:

https://www.eff.org/deeplinks/2011/02/what-congress-can-learn-recent-ice-seizures

"Significantly, the websites targeted in the most recent ICE action appear
to have merely linked to infringing content."

Best
Jonathan

On Wed, Mar 9, 2011 at 5:18 AM, Tim Berners-Lee <timbl@w3.org> wrote:

> It seems Issue-25 has been escalated.
> Tim
>
>
Received on Wednesday, 9 March 2011 14:35:19 UTC

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