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Re: "Right to Link" In the News

From: Konstantinov Sergey <twirl@yandex-team.ru>
Date: Thu, 19 Sep 2013 19:11:05 +0400
To: David Booth <david@dbooth.org>
Cc: "ashok.malhotra@oracle.com" <ashok.malhotra@oracle.com>, "Appelquist Daniel (UK)" <daniel.appelquist@telefonica.com>, www-tag <www-tag@w3.org>, Wendy Seltzer <wseltzer@w3.org>
Message-Id: <631379603465@webcorp1h.yandex-team.ru>
19.09.2013, 18:42, "David Booth" <david@dbooth.org>:
> On 09/19/2013 06:49 AM, Konstantinov Sergey wrote:
> [ . . . ]
>> šPublishing hyperlink to a work definitely makes it available in a
>> šsense of WCT as it provides "a way that members of the public may
>> šaccess these works from a place and at a time individually chosen by
>> šthem". In that sense linking is NOT the same as referring: when
>> šyou're referring a work, you state its name and catalogue number;
>> šwhen you link it, you state WHERE to found it.
> That doesn't follow at all. šStating where to find something is just an
> alternate means of identifying that thing. šIt does *not* automatically
> provide access.
> If I tell you that my will is in safety deposit box #1047 in the vault
> of Bank of America, Harvard Square, Cambridge, MA USA, you may know
> exactly what document I mean and where it is but you certainly do *not*
> have access to it.
> A URL literally identifies the *name* of a server and the *name* of a
> document relative to that server. šIt has nothing to do with granting
> access rights. šIf access is not authorized, a "401 Unauthorized" HTTP
> code should be returned.
> David Booth

In first, I haven't said that link *always* violates copyright. Links *may* violate copyright.
In second, service isn't a bank and there is no law to force services to authorize every user on every page. I can make a copy of a film for personal use and place it to my home server, and I would not violate any copyright law. I can even send a link to my friend, and that's still not a violation.
In third, I don't think that forcing services to authorize every user accessing every piece of content is somehow better then controlling every link in the Internet.

Konstantinov Sergey
Yandex Maps API Development Team Lead
Received on Thursday, 19 September 2013 15:11:45 UTC

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