- From: Martin J. Dürst <duerst@it.aoyama.ac.jp>
- Date: Tue, 07 Aug 2012 13:16:14 +0900
- To: Wendy Seltzer <wseltzer@w3.org>
- CC: www-tag@w3.org
Hello Wendy,
On 2012/08/07 6:22, Wendy Seltzer wrote:
> That's right. It was a decision on a preliminary injunction, meaning it
> took only the facts as alleged in the complaint, and the particular
> circumstances of MyVidster's practice: allowing users to "bookmark"
> videos and automatically embedding those videos the users select. So
> MyVidster argued that *it* wasn't responsible for the choice of videos
> some of which might be infringing, but was providing general-purpose
> video bookmarking tools.
Oh, I see. I was overlooking that fact, thanks for pointing it out! But
then the subject line (the CNET headline) is a bit over the top.
Embedding copyright-infringing video could still be a crime (we don't
know, because this court case is not about it), but providing a system
that lets others (in this case the MyVidster users) embed
copyright-infringing videos (together with other,
non-copyright-infringing videos) isn't a crime. With that clarification,
the court decision now makes sense to me.
> The secondary infringement analysis under U.S. law (particularly
> contributory and inducement liability, post-Grokster) can depend on
> knowledge and intent, not just the visible elements of the page, so
> MyVidster, which provides a tool that automatically embeds user-chosen
> links, might get different treatment from a site that actively chose
> infringing materials to embed or one that encouraged people to "fight
> the entertainment business."
>
> From a technical architecture perspective, I think it's worth supporting
> that distinction between the tool and the person who uses it,
> recognizing that many Web users "publish" through third-party tools on
> remotely hosted sites rather than hosting on their own servers. By
> protecting general-purpose tools, we can help people to have freedom to
> publish without requiring that they have the technical capacity to do it
> all on their own.
I fully agree. The relevant TAG document in the making should definitely
also make this distinction, in addition to the (orthogonal)
embedding/referential linking distinction.
Let me just quickly work out the combinations; the comments for the
combinations are my personal opinions only:
| |
| publisher | tool provider
| |
| |
-------------------------------------------------------------------------
| |
embedding | (appearance of) | should be okay in order
| appropriation of | to provide incentives for
| contents created | freedom of speech and
| and owned by | encourage tool
| others,...; | innovation
| should not be |
| allowed |
-------------------------------------------------------------------------
| |
(referential) | freedom to | never should be any
linking | reference needs | problem
| to be part of |
| freedom of speech |
-------------------------------------------------------------------------
Regards, Martin.
Received on Tuesday, 7 August 2012 04:16:48 UTC