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Re: (OT) Who can use freely available material?

by cjf (Parson)
on May 28, 2002 at 20:40 UTC ( [id://169898]=note: print w/replies, xml ) Need Help??


in reply to (OT) Who can use freely available material?

One was a link where a person had mirrored my course...

Taking your content, and placing it on their servers for display without your permission is not a very polite thing to do. You would be completely justified in asking them to take it down and replace it with a link to your site.

Nowhere does it list how people may or may not link to it.

I haven't heard of a single country in which people need your permission to link to a website. Links that misrepresent the course (e.g. click here for the course cjf wrote ;) may be another matter.

Are their any legal issues that I should be worried about?

I would ask anyone mirroring your course to replace their mirror with a link. Suggest this is because you want to ensure the content is up to date and they'll likely agree. I wouldn't worry about who's linking to your site though, it's not something you can really control, and I'm not sure why you would want to.

Update: As for a notice of copyright this says:

The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

And a few more relevant links:

Hope that helps :).

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Re: Re: (OT) Who can use freely available material?
by Sifmole (Chaplain) on May 29, 2002 at 11:16 UTC
    I haven't heard of a single country in which people need your permission to link to a website

    This is subject still awaiting decision. There has been at least one high profile lawsuit, TicketMaster v. Microsoft, over this subject. The suit was eventually settled after two years passed, so unfortunately there was never a court decision in the case.

      Yes, this case law is emerging. Here is a recent article about a newspaper suing over someone linking to their site.

      Also according to Wired, Tickets.com won the case against Ticketmaster with the judge ruling "Hyperlinking does not itself involve a violation of the Copyright Act. There is no deception in what is happening. This is analogous to using a library's card index to get reference to particular items, albeit faster and more efficiently."

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