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

OK. Almost done.

Quoting "Robert F. Bodi" <lawlists[_at_]bodi.com>:
> The viewer of the page is infringing McDonald's copyright. You did NOT
> create the McDonald's graphics on that page, but even if you did, or
> modified them, the page is infringing via a derivative work. Further, YOU
> as creator of the page, are contributing to that infringement, because you
> have created the code that creates the infringing work. Further, it is
> assumed that you viewed the work in progress, and thus actually infringed as
> well.
> The HTML code, if written by you, is probably not an infringement, although
> the resulting web page is. I assume that the code is your own code, and it
> is not likely that merely taking an URL is sufficient to infringe copyright.
> They are NOT the same thing, and qualify for quite different protections
> under copyright. Your HTML code is nothing other than text. Without the
> machine to run it, it is NOT infringing. But once the code is run on a
> machine via a browser, it infringes.

So if you copy my code from my previous email and paste it into a new document and run it through your browser, will you be infringing McD's, and I be contributing to that infringement?

And if I mailed it to you on paper via U.S. Mail and you type it into a file and run it through your browser, will you be infringing McD's, and I be contributing to that infringement?

Say someone from the list extracted my code from the reply that you made to my message. He runs it through his viewer. In the absence of Fair Use, it seems like you are a contributory infringer. Is that so? It seems, though, that your inclusion of my code in your reply should be fair use; so if it is fair use, are you still a contributory infringer? In either case, am I still a contributory infringer?

Keith Handley
kehandley89[_at_]alumni.amherst.edu Received on Wed Aug 27 2003 - 19:22:34 GMT