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[FYI] (Fwd) FC: Dutch court says news-linking OK; DVD ruling imperil
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- Subject: [FYI] (Fwd) FC: Dutch court says news-linking OK; DVD ruling imperil
- From: "Axel H Horns" <firstname.lastname@example.org>
- Date: Thu, 24 Aug 2000 10:19:31 +0200
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------- Forwarded message follows -------
Date sent: Wed, 23 Aug 2000 13:51:00 -0400
From: Declan McCullagh <firstname.lastname@example.org>
Subject: FC: Dutch court says news-linking OK; DVD ruling imperils links
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WORLD NEWS - EUROPE: Dutch papers fail in internet copyright case
Financial Times, Aug 23, 2000, 309 words
Leading Dutch newspapers yesterday failed to prevent an online
news service from providing direct links to articles on newspaper
websites, in a legal ruling that helps define the limits of
PCM, publisher of most of the country's national dailies, had
sought an injunction against the recently established Kranten.com,
whose site consists largely of news headlines. Clicking on any of
these takes an internet user to the full text of the article,
displayed on the site of the newspaper itself.
The company said this bypassed the main home page of its titles,
which were the most lucrative for advertising revenue. A Rotterdam
court found, however, that PCM could just as easily place
advertisements next to individual news items, and that external
links only brought it extra traffic.
The judgment supports Kranten's contention that the basis of the
internet relies on hypertext links, where a mouse-click on one
site can take the user to related information in a domain
controlled by a third party. PCM had argued that this was
equivalent to "knocking a hole in a side wall of a cafe" owned by
someone else, and demanding that those who entered by that route
"bought a drink from a stall set up outside". This was a reference
to the advertising that funds the Kranten site - on which space
has been taken by large Dutch groups including ABN Amro Bank and
Ohra, the insurer owned by CGNU of the UK.
Only News That's Fit to Link
by Declan McCullagh (firstname.lastname@example.org)
3:00 a.m. Aug. 23, 2000 PDT
WASHINGTON -- Internet journalists, beware: A recent ruling by a
federal judge could imperil your ability to place hyperlinks in some
U.S. District Judge Lewis Kaplan last week surprised few courtroom
observers when he sided with the motion picture industry and ordered
2600 Magazine to delete a DVD-descrambling program from its website.
But almost nobody expected Kaplan to agree with Hollywood's
request to ban the hacker-zine from even linking to the DeCSS
Kaplan's ruling, legal experts say, appears to be an unprecedented
expansion of traditional copyright law. No longer is it merely illegal
to distribute a potentially infringing computer program -- but now
even linking to someone else's copy could be verboten.
That could create legal problems for reporters and editors at sites
like Wired News, Slashdot, and CNET's news.com, who have included
links to DeCSS in news stories as part of their coverage of the
"I think that Judge Kaplan does not know his head from his ass,"
says Adrian Bacon, owner of Linux News Online. "Outlawing a site
from linking to another site that has DeCSS is just plain wrong."
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