Boudica's War Tampon: Now how am I supposed to masturbate? Jeesumcrow.
tomasso: I can see their point.Instead of loading the copyrighted material to their own server, the violating party loaded it to File Factory and linked to it there, then kept loading it to other locker sites after File Factory responded to a take-down order, forcing the copyright owner to keep tracking the content down and writing take-down claims. Let's face it, the violating party was responsible both for loading the pictures to the internet and for linking to them, so it was essentially just the same as hosting them.
miss diminutive: My dissent:[lh4.ggpht.com image 280x280]Hotlinked copyright symbol. Take that, you farks!
notmtwain: [columns.dg.nl image 600x600]I can see why her pictures were so appealing.
Endive Wombat: Court says that hyperlinks to copyrighted material are a copyright infringement decides to break the internet by knowing nothing about how the internet functions.
Mnemia: The actual hyperlinking shouldn't be what is illegal; uploading it to the cloud service should be.
numbone: [www.orrvfd.com image 425x283]
tomasso: Mnemia: The actual hyperlinking shouldn't be what is illegal; uploading it to the cloud service should be.I don't think I agree with you. Let's assume that your hard drive possesses copyrighted images or software which you have obtained legally. (Everyone's does.) There's nothing illegal about that, but it would be illegal to give out an FTP address which other people could use to download them illegally. Similarly, let's assume you back up those legally obtained images on your personal; account at a locker site. Still legal, I think, as long as you are the only one with access to them. But once you provide someone else with access to them, you've crossed the line. I'm pretty sure that it's the link and not the loading which makes it a copyright violation.I would think, however, that you would have to commit BOTH acts to be responsible. If Egotastic, for example, posts copyrighted images without permission and your blog links to their article, I think you're safe. There's no way for you to know whether they own the copyright and/or have permission to use the pictures.The Dutch Courts used somewhat different criteria in issuing their decision, but I find their points reasonable.
Cthulhu11: Those Dutch bastards! [i47.photobucket.com image 682x510]
Mnemia: THAT is what should be illegal for illegal or stolen content.
Fecacacophany: "openbaarmaking'? For real? Is Dutch just some sort of silly language some guy from Cleveland made up? I swear I speak not a lick of Dutch, but I can read and comprehend nearly anything written in it. Wut met der singen en dansin undallderest?!
tomasso: Mnemia: THAT is what should be illegal for illegal or stolen content.Ah, but there's the problem. The word "illegal."If you have not stolen the content yourself, copyrighted content is not illegal when you upload it to a file locker. It only becomes illegal when you share it. Assume you are a member of Playboy.com, and download a ton of stuff. I don't think there's anything wrong with uploading that content to FileFactory to be your back-up in case of a hard drive failure. It's not illegal content at that point. But as soon as you give other people access to it, via e-mail, hyperlink, FTP address, whatever, then your action becomes illegal, right? The link itself causes the crime."The WWW is built on the foundation that hyperlinks can be shared freely."I don't think that is an absolute, nor should it be. In essence, there is (as far as I can see) no difference between linking to content on your own server and linking to the same content which you have personally uploaded to FileFactory. I don't think any court anywhere would rule that you can use File Factory as a get-out-of-jail-free card to avoid your legal responsibility for sharing somebody else's intellectual property. In such a condition, File Factory is simply an extension of your own server.
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