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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  EU Court Of Justice Rules Simple Web Linking Is Non-Infringement
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Author Topic: EU Court Of Justice Rules Simple Web Linking Is Non-Infringement  (Read 592 times)

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Offline GhostShip

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EU Court Of Justice Rules Simple Web Linking Is Non-Infringement
« on: February 13, 2014, 11:33:34 pm »
In a victory for common sense it seems the EU has clarified a point of law that many of us have taken for granted for some time now.

http://www.ispreview.co.uk/index.php/2014/02/eu-court-justice-moves-protect-free-use-website-links.html

Quote
The European Court of Justice (ECJ) has ruled that providing a link (hyperlinks) between one Internet website and another does not equate to copyright infringement, which is a victory for common sense. Indeed any ruling in the opposite direction would have been almost unworkable to enforce.

However EU law does allow authors an exclusive right to authorise or prohibit any communication to the public of their works and the court did take account of that. The ruling, which stemmed from Sweden where several newspaper journalists took exception to a website that was providing links to their stories, will still allow a copyright holder to potentially take action if somebody links to subscription-only content.


This is a very clear ruling and may in fact be of use to anyone facing a law suit for linking to alleged infringing content, as long as the site pointed to is not a subscription service it seems that its all legal, one has to ask is this a new grounds of appeal to some of those sites that have been closed down after being accused of inciting infringement by linking to places like rapidshare and megaupload some time ago ?


Offline White Stripes

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Re: EU Court Of Justice Rules Simple Web Linking Is Non-Infringement
« Reply #1 on: February 14, 2014, 04:51:51 am »
we need a ruling like this in the US... the stupid DMCA takedown notices to search engines, blogs, etc needs to stop...

Offline GhostShip

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Re: EU Court Of Justice Rules Simple Web Linking Is Non-Infringement
« Reply #2 on: February 14, 2014, 08:55:27 am »
Agreed Stripes, unfortunately the copyright tax luddites are in the ascendancy atm but I'm sure that wont be the case forever.

Offline White Stripes

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Re: EU Court Of Justice Rules Simple Web Linking Is Non-Infringement
« Reply #3 on: February 14, 2014, 12:14:01 pm »
i cant help but wonder if i'll live to see the end of the digital-age copyright argument...

Offline GhostShip

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Re: EU Court Of Justice Rules Simple Web Linking Is Non-Infringement
« Reply #4 on: February 14, 2014, 07:26:37 pm »
Well most know my thoughts on the matter, I along with most folks don't mind paying the copyright tax for a sensible period of time to allow for the creative artists to make some revenues, but the recording industry wants to recoup a few thousands times its investments all the whilst dragging its heels and finding tax fiddles to avoid paying the artists we all want to support.


Such a selfish and "banker" style business model doesn't sit well with either the public nor the artists themselves but most artist feel peer pressured into signing away their rights to these shylocks of the entertainment industry, even famous artists such as Paul McCartney  have been ripped off wholesale when some of his song rights where sold off by the record company the Beatles where signed to and subsequently sold them on, a simple measure of the term of copyright should be that there be a chance for folks to hear a work in the public domain before they expire, this then suggests that a term of between 20 to 50 years is more than enough for the banker model used by the recording industry to make back their investment capital plus profits, no one else in life has a guaranteed investment paid for by a "copyright" tax on Joe public so why should the music fat cats be any different.





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