Re: Framing Other Websites

From: david dailey <david.dailey[_at_]sru.edu>
Date: Wed, 26 Oct 2005 18:43:59 -0400


One case that made some of us in the web-computing world pay attention was Kelly v Arriba (decisions from two of the courts that were involved may be found at http://pub.bna.com/ptcj/99-560.htm and http://www.phillipsnizer.com/library/cases/lib_case49.cfm) . The most memorable aspect of these cases was that thumbnails of copyrighted images (as used in search engines) were viewed as functional rather than artistic, and hence, fair use (agreeing conveniently with the first amendment, one might note).

The plaintiff was also apparently upset that the defendant had framed content out of context. I gather that this issue was later decided in favor of the plaintiff. Perhaps that's what you have in mind, since the case was arguably important in allowing the web to continue to develop.

There is, though, a rich case law on linking, framing and so forth, a part of which is summarized here:
http://www.jura.uni-tuebingen.de/bechtold/lcp.html

David Dailey

At 03:55 PM 10/26/2005, you wrote:
>I swear I remember there was a copyright case a while ago regarding
>one site putting the content of another inside a frame on its own
>site. Does anyone recall anything like this?
Received on Thu Oct 27 2005 - 02:43:59 GMT

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