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Re^3: Editing pirated content links in reaped nodes

by chromatic (Archbishop)
on Sep 06, 2008 at 20:49 UTC ( [id://709551]=note: print w/replies, xml ) Need Help??


in reply to Re^2: Editing pirated content links in reaped nodes
in thread Editing pirated content links in reaped nodes

The Monastery has no "common carrier" protection, nor would fit the safe harboring provisions of the DMCA.

Can you cite a single instance of US caselaw where the operator of a site which merely linked to infringing material has been found liable under the DMCA, except for where the site:

  • exists primarily to link to infringing materials,
  • links to devices primarily intended to circumvent DRM, or
  • links to externally-hosted infringing material in an attempt to circumvent an injunction against hosting infringing material itself?

As an author and copyright holder myself, I find it exceedingly rude to see my copyrights infringed as well, but the idea of issuing takedown notices to places such as PerlMonks for merely linking to infringing work (and that, often, unintentionally) is more unpalatable than the linguistic trick of equating copyright infringement to violent, extranational thievery.

  • Comment on Re^3: Editing pirated content links in reaped nodes

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Re^4: Editing pirated content links in reaped nodes
by Argel (Prior) on Sep 08, 2008 at 23:54 UTC
    ...the idea of issuing takedown notices to places such as PerlMonks for merely linking to infringing work (and that, often, unintentionally)...
    IANAL, but I think that a DMCA takedown notice issued for a link to infringing material is actually violation of the DMCA because it would not be valid (the takedown should be to the site hosting the infringing material). At least that's the impression I get from recent cases dealing with inappropriate DMCA takedown notices. So before issuing one consult with a competent attorny. The EFF has been involved in a few so you can probably find more info on their website.

    Elda Taluta; Sarks Sark; Ark Arks

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