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Re: Publishing and Linking - Some thoughts for Thursday

From: Jeni Tennison <jeni@jenitennison.com>
Date: Wed, 20 Jun 2012 19:12:49 +0100
Message-Id: <D98A315A-407A-4E07-976E-98504E141B6A@jenitennison.com>
To: "www-tag@w3.org List" <www-tag@w3.org>
Related:

http://www.techdirt.com/blog/innovation/articles/20120618/16110519373/chilling-effects-innovation-caused-bad-copyright-law.shtml

Jeni

On 20 Jun 2012, at 01:51, Jonathan A Rees wrote:

> On Tue, Jun 19, 2012 at 7:53 PM, ashok malhotra
> <ashok.malhotra@oracle.com> wrote:
>> Surely we can say
>> "If you link to or include illegal or seditious material you could be
>> prosecuted"
>> 
>> I think you need to say something like this to set up for further discussion
>> of
>> copying such material by proxies and manipulation of such material, etc.
>> which
>> the document spends quite a lot of time on.
>> 
>> Another "finding" that I see from this discussion is that we need machine
>> readable
>> policies spelling out what proxies and archives, etc, can do with website
>> material.
> 
> Whether we need such protocols will be a matter of debate in every
> case, and we can't come down on any side or even say anything very
> general.
> 
> We might say that if the legal default rule (in any jurisdiction) is
> to prohibit some action, then it is useful (technically and socially
> enabling) to have a documented protocol for communicating legal
> exceptions (licenses, etc.). CC REL is an example of such a protocol;
> DRM bypasses for public domain or licensed material would be another
> (I don't know whether these exist). Whether any such protocol becomes
> legally recognized is a complicated process about which we probably
> don't have anything to say.
> 
> Jonathan
> 
>> All the best, Ashok
>> 
>> 
>> On 6/19/2012 4:03 PM, Jeni Tennison wrote:
>>> 
>>> Ashok,
>>> 
>>> On 19 Jun 2012, at 20:48, ashok malhotra wrote:
>>>> 
>>>> I read the publishing and Linking draft again and I'm wondering if we can
>>>> make statements like:
>>>> 
>>>> - If you include copyrighted material you violate copyright.  If you link
>>>> to it
>>>> you may not violate copyright
>>>> 
>>>> - If you include of link to illegal material you can the prosecuted for
>>>> "aiding
>>>> and abetting"
>>>> 
>>>> - If you include or link to seditious material you can be prosecuted by
>>>> the
>>>> prevailing government
>>>> 
>>>> - If you have a copyright to printed material that carries over to its
>>>> electronic form
>>> 
>>> I'd be worried that those are debatable assertions about legal truth which
>>> are beyond what we know or could advise people on.
>>> 
>>>> Also, Best practice 1 says "Legislation that forbade transformations on
>>>> unlawful material would similarly limit the services that service providers
>>>> could provide."  I don't know what that means
>>> 
>>> Say you have a law that says that you can't manipulate pornographic images
>>> involving children. 'Manipulate' here might mean converting from one image
>>> format to another, or cropping, or adjusting colour balance and so on. The
>>> law might be attempting to enable prosecution of people who handle the
>>> unlawful images as well as those who took them.
>>> 
>>> Now say that you have a service on the web that provides a facility for
>>> doing things like image format conversion, or cropping of images so that
>>> they can be used as avatars, or provides online image manipulation of other
>>> kinds. In an environment where manipulating unlawful images in this way was
>>> forbidden, such a service would have to check all the images that were put
>>> through the service to ensure that they weren't unlawful; it would be
>>> impossible to run such a service.
>>> 
>>> The point is that when you have automated processing of something, it's
>>> hard for services to comply with restrictions on what can be processed,
>>> because computers can't tell what's lawful and what's unlawful.
>>> 
>>> Cheers,
>>> 
>>> Jeni
>> 
>> 
> 
> 

-- 
Jeni Tennison
http://www.jenitennison.com
Received on Wednesday, 20 June 2012 18:13:09 UTC

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