3 ms·
However, I don't follow the opposite train of thought. If linking to copyright infringing material is infringement itself, then it surely must be infringing to
by yason 15y ago
However, I don't follow the opposite train of thought.
If linking to copyright infringing material is infringement itself, then it surely must be infringing to link to material that is linking to copyright infringing material? Otherwise Piratebay could just give pointers to 3rd party services that host torrents that point to infringing material. (Well, magnet links could be considered links to torrents that link to warez.)
But that technically leads to a situation where you can't link to any site that could host links (to links) to infringing material. Mention piratebay.org -- oops, a link. Or you previously linked to some site that now has these copyright infringing links. Boom, you're infringing copyright.
That might be nerd's thinking but you really do have to have the line drawn somewhere because laws must generally be well-defined. You can't have a gray area where legality of something depends on the whim of the case. Linking is either illegal or it isn't, and if it's illegal it must be clear what constitutes linking.
- nextparadigms 15y agoIt says linking to copyright infringing material is not infringement.
- kasmura 15y ago... in Spain
- eLobato 15y agoYes and no. Case law (http://en.wikipedia.org/wiki/Case_law http://en.wikipedia.org/wiki/Case_law) is one of the most powerful tools to defend yourself in court. Obviously you can't be reporting a judicial decision taken in Iran to sue a group of homosexuals and kill them, but the thing is that you can refer to previous judicial decisions if sued in a court within the European union. In fact in this judicial process the lawyer referred to similar binding precedents in the Netherlands. I'm not quite sure about how the legal system works there in the US but I guess that citing previous sentences of EU's courts can be of certain help when sued for something as ridiculous as this (i'm not 100% certain about this tho). Source: I'm Spanish and the SGAE (equivalent for the american RIAA in Spain) is always on the newspapers' frontpage for such idiotic things...