> 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?
That seems right.
>
> 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?
Yep.
>
> 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?
Not likely. The code was not generated by me, and I did not intentionally distribute it. Further, my use was non-infringing, i.e., for discussion purposes, not to generate web pages. I would likely have a first amendment defense. Besides, no infringement came from my use of the code.
> 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?
If you post the code for the purpose of creating a web page that is infringing, you are likely a contributory infringer. If you post the code for other purposes, i.e., merely to discuss the code itself, there might be a fair use defense, and anyway, if it is NOT being used to generate an infringing page, it is NOT contributory. The code itself is NOT infringing. Received on Wed Aug 27 2003 - 23:43:07 GMT
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