Re: Re: Kelly v. Arriba Soft (new opinion from 9thCir.)

From: Robert F. Bodi <lawlists[_at_]bodi.com>
Date: Tue, 19 Aug 2003 11:55:14 -0400


> I say it again and again and again, if your author was to protect his or
> her stuff, she should keep it out of the public domain. The interent is
> the public domain.

Yet again, Sterling shows an utter lack of understanding of what "public domain" means. I only respond to clarify this issue for others reading this list. An item is NOT in the public domain just because it has been made publicly available. Obviously, if that were the case, everything in the library (or even a bookstore) would be in the public domain. Just because images are put on the WWW and made available for free does NOT give others the right to use those images in any manner that they deem fit. This is a settled matter of law, and not debatable.

Further, I agree that, arguably, there is an implied license to display the image on a browser using HTTP and HTML. However, there is no implied license to use that image to display in other web pages. In my mind, that is an unauthorized derivative work, and thus would likely be an infringement of copyright.

-Bodi Received on Tue Aug 19 2003 - 19:55:14 GMT

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