tag:blogger.com,1999:blog-4513524515428334509.post2078929926972494450..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Linking "facilitates" copyright infringement in the NetherlandsMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4513524515428334509.post-5695624781972758422013-01-18T16:28:29.207+00:002013-01-18T16:28:29.207+00:00Iona,
I'm equally bemused by this decision an...Iona,<br /> I'm equally bemused by this decision and would love to know more of the reasoning. <br />By rejecting the example that students may lawfully download a work for their personal use because it was considered irrelevant - presumably because of the fact that actual copy they would have downloaded was not a legitimate copy hence their legal action would not rectify what was already illegal - I can see that court was trying to exclude anything which might confuse the facts, but surely that does not provide any real support for their central finding. I have no idea whether the teacher concerned knew that the pdfs he linked to were infringing copies, but if he didn't this sort of decision places the innocent person who links in this manner in an invidious position of having to establish the bona fides of a site or content before linking. I can imagine many problems with this.<br />To use an analogy: if a policeman uses his two-tone horn and blue light without authorisation to exceed the speed limit he is breaking the law. Do I, as another road user, have to ascertain whether the policeman's use of the lights and horn is legal or not before I pull over to let him pass, and if I fail to do this when his action is without authorisation, am I guilty of assisting an offender?<br />Andy Jnoreply@blogger.com