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Re: Embedding copyright-infringing video is not a crime, court rules - CNET Mobile

From: Noah Mendelsohn <nrm@arcanedomain.com>
Date: Mon, 06 Aug 2012 14:52:28 -0400
Message-ID: <5020126C.3010605@arcanedomain.com>
To: Tim Berners-Lee <timbl@w3.org>
CC: Wendy Seltzer <wseltzer@w3.org>, www-tag@w3.org

On 8/6/2012 12:28 PM, Tim Berners-Lee wrote:
> On 2012-08 -03, at 15:42, Wendy Seltzer wrote:
>
>> Relevant to your linking and publishing discussion, the 7th Circuit says
>> embedding infringing video is not copyright infringement.

Actually, I may have misunderstood this, but from what Martin Duerst wrote, 
my impression is that the ruling was a bit more limited.

Specifically, in a situation where a site (called it A)  embeds content 
from a site (B) which itself embeds copyrighted content (C), (A) is deemed 
not to have infringed but the ruling says nothing about (B). As I 
understand it, in this particular case MyVidster is Site A, something like 
Dailymotion is a typical B, and the owner of content C might be a movie 
studio. Myvidster was ruled not to have infringed, but nothing was said 
about infringement by Dailymotion.

That said, the ruling does talk about how MyVidster's HTML carries only the 
identification of the content from B (e.g. Dailymotion), and not the actual 
movie, strongly suggesting (to me anyway) that B might be also considered 
non infringing, and for the same reason.

Do I have that right?

Noah
Received on Monday, 6 August 2012 18:52:55 UTC

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