The fact that certain uses of HTML code might be infringing doesn't mean that we're going to throw out HTML altogether. As with the Betamax in the Sony case, HTML certainly has substantial non-infringing uses. That's why it's important to rely on the law, rather than the technology, to determine what kind of displays and or copying are and are not infringing.
The problem with the implied license theory for in-line linking is that a request for an image on a server is an all or nothing proposition-the server receiving a request to send a copy of a file is not in a position to tell if the copy is being requested for an infringing or non-infringing use, and must either accept or deny such a request based on other criteria, such as the location from which the request came. Since there are non-infringing uses that can be made by someone sending the proper request to the server, the party making the information available should be allowed to permit such non-infringing uses and rely on the law, rather than technology, to prohibit the kinds of uses that would constitute infringement.
kwg
Kevin W. Grierson
Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510
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>>> lawlists[_at_]bodi.com 07/24/03 02:30PM >>>
> Governement caused uncertainty IS injustice in the area of licencing and
> contracts. The only just role for a government to play is to establish
clear
> rules whereby two parties can expect to have a common understanding.
The uncertainty is not "caused" by the government. The copyright laws were written without any conception of the Internet, and thus it is understandable that the laws don't address that issue. It is impossible to anticipate every possible future technology.
> I see nothing even arguably inequitable in having the law allow the web
server
> of a copyright owner to be used in the way that owner configured it to be
used.
> Nothing forces a copyright owner to use HTTP to distribute their works. If
> someone is too stupid to understand that setting up a machine to send
copies of
> your works to people who request them is something that requires care,
then I
> have no sympathy for you.
You greatly oversimplify things. There should be no requirement that a copyright owner be an expert in any technology that they utilize. Such a world would limit the spread of information, if things were kept off the web because of fear of infringement. Instead, a more practical approach is that HTTP should not be allowed to be used in a manner not anticipated or normally used. Most web pages to NOT actually load graphics located in remote sites, for many reasons. Thus, such a use is not "normal" in my opinion.
> On the other hand, I see tremendous inequity in throwing out a very good
> working standard relied on by millions in order to allow Kelly to avoid
having
> to read his web server documentation.
>
<snip>
>
> What exactly does an inline link "misrepresent"? It displays a picture,
whose
> link can be copied to the clipboard, whereby it is represented as coming
from
> the copyright owner's web site.
Inline linking implies permission to display the image. Most inline linking is done using LOCALLY stored images. Using remotely stored images is possible, but because no control over the image is possible, it is not desired because broken links could crop up. Thus, even in HTML design, it is not desired. Further, just because it CAN be done does NOT make it proper under the law.
>
> See above -- if all I do is deep-link, what am I misrepresenting? You seem
to
> be implying that an HTML page purports to link all of its images from its
own
> domain. Where is that supposition written?
That supposition comes from common practice.
-Bodi
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