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RE: [dvd-discuss] An interesting case from 9th Circuit Appeals co urt

> -----Original Message-----
> From: Harold Eaton [mailto:haceaton@hotmail.com]
> Sent: Friday, February 08, 2002 11:18 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] An interesting case from 9th 
> Circuit Appeals
> co urt
> >Richard Hartman wrote:
> >Finally, there is embedding, where your page contains this:
> ><blockquote>
> ><h2>Here's Michelle!</h2>
> ><img
> >src="http://www.catslair.com/skating/2001/skateamerica/pics/l
> adies/12-24_23A
> >.jpg">
> ></blockquote>
> >
> >Now, even though the image is still being fetched from my
> >server it is being presented in _your_ page, with _your_
> >advertising.  This is no different IMO than if you had
> >made a copy of that image on to your server and used it
> >in your page.  The effect is the same.
> >
> >So, in summary: linking good, embedding bad.
> I disagree that embedding is bad. If you don't want your
> images imbedded, then don't serve them to any page except
> your refering page.  

That is not in my power to accomplish.  My site is hosted
by a service and I do not have that level of control.  (btw:
how would you go about specifying that sort of restriction?)

>While it is true that someone could
> make a browser to get arround that limitation, there would
> be no general way for you to write html to tell that browser
> how to do it, since it will have to specify the refering
> page. The greater danger is that a web cache will have the
> image and serve it regardless of the refering page. You could
> make the argument that the caching server is violating the
> copyright since it is holding and distributing copies without
> permission.
> Doing it this way is far, far simpler and more cost effective
> for society as a whole. For a search engine operator to request and
> receive permission for every single image on every web server
> it might spider is unimagineably costly and time consuming.

They don't need to.  Links for search results are just fine,
and thumbnail (reduced size) copies would be fair use.

> For it to fail on those framed links where the owner doesn't
> want her image embedded is of almost no cost/concern to anyone.
> Thus this strategy goes much farther to promote the progress of
> the arts.
> It is very much like the window/curtain argument made earlier -
> if you don't want people looking through your window, provide
> a barrier.

... and if you don't want people xeroxing the text book,
print it in black on red paper?

The whole point of copyright law is that you don't _need_
barriers.  The whole existance of this list is due to the
misguided attempt of some people to _create_ barriers where
none are needed if existing law is enforced properly!

-Richard M. Hartman

186,000 mi./sec ... not just a good idea, it's the LAW!