Re: Permission for linking to Web sites

Subject: Re: Permission for linking to Web sites
From: Tuples -at- aol -dot- com
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 14 Aug 2002 14:22:39 EDT


In a message dated 8/14/02 4:25:49 AM Mountain Standard Time,
evan -dot- martin -at- garvin-allen -dot- com writes:

> I hope that I didn't infer that you can link to ANYTHING without permission.
> That sort of link is definitely different then just a hypertext link that
> says "www.xxxx-yyy.com." If you are linking to anything that pulls content
> directly from another site and places it on yours, then you are breaking
> copyright if you don't have permission.
>
I'm not sure if this is a copyright issue. You are merely telling the visitor
where to go. Yes, the image appears on your site but you did not place it
there. It is like decorating a retail store with copyrighted materials. Is
this legal? What is the difference between displaying images in your retail
store in order to sell products and simply putting the link on your page?
That is, after all, what you are doing. Providing a URL so the picture can be
fetched.

I might argue that the site owners want visitors. They want the material to
be seen and you are simply telling your visitors where to go to see this or
that. Even the web browsers "Break the law" in some regards because they save
the material in your cache. Web site owners say you can't copy their material
or save it on your drives, but the web browser does this by design.

You can argue till the Harleys come home and no resolution in sight.

I was at Border's today and there were many books being displayed in the
windows. One caught my eye so I went in.
Compare this to a web site. What is the real difference? After all, they are
using copyrighted materials to sell. I might go so far as to say they are
advertising products using some writer's work because it is the display of
that work that got me in the store.

Please, someone tell me if you think I am up in the night and blowing it out
by posterior.

I know that this can be argued in every possible way, and I am sure there are
court cases that went both ways.

Finally, I will say this is nit picking, and no one wants to see other work
displayed without permission. What I AM saying is that there are many ways to
look at this and the best thing to do is simply ask.

Bob


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