Steve O'Donnell’s Comments

• Jan 8th, 2010 @ 7:09am

  Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: permission is granted by the webserver as an agent of the rights holder

  on Is Inline Linking To An Image Copyright Infringement?
  Copying is not necessary for a "public performance" infringement.
  This order from NDTX is instructive.
  
  http://www.docstoc.com/docs/21420483/supercrosslivecom-order
  Of course, there are some shortcomings with that case: the defendant was pro se and the case settled before trial; but it does show that at least one court has a different opinion about whether links can infringe a copyright.
  
  It's a developing area of law. Just because the Ninth ruled one way does not mean that the rest of the country has to follow. Unfortunately (or maybe fortunately) the economics of suing someone over linking to a file just don't make sense in most situations, so it will probably be a long time before there are enough cases on point to settle this debate.
• Jan 6th, 2010 @ 12:02pm

  Re: Re: Re:

  on Is Inline Linking To An Image Copyright Infringement?
  Not quite sure I made that argument. Assuming both are infringements, and one is more rude than the other, doesn't that made one worse than the other?
• Jan 6th, 2010 @ 11:58am

  Re: Re: Re: Re: Re: Re: Re: inline linking as copyright infringement

  on Is Inline Linking To An Image Copyright Infringement?
  Wow. Just wow.
  Not that I like the opinion, but here's a recent one close to on point (do you know what that means?):
  http://www.scribd.com/doc/24472944/Columbia-v-Fung-Summary-Judgment-Order
  It is the Ninth, but you don't mind.
• Jan 6th, 2010 @ 11:34am

  Re:

  on Is Inline Linking To An Image Copyright Infringement?
  I agree.
  
  My original post was only intended to make people aware that their actions might turn into trouble and to strongly suggest that they look to Creative Commons licensed content instead of grabbing whatever they find, wherever they find it.
  
  I normally advise my clients to minimize their risk or litigation. I certainly didn't think that would be controversial.
  
  Anyway, thanks for the traffic!
• Jan 6th, 2010 @ 11:03am

  Re: Re: Re: Re: Permission

  on Is Inline Linking To An Image Copyright Infringement?
  Really? No one hosts their own images?
• Jan 6th, 2010 @ 11:01am

  Re: Re:

  on Is Inline Linking To An Image Copyright Infringement?
  So, just to be clear. . . your website(s) are what again?
  Also, all your websites' images and contents are CC licensed, right?
• Jan 6th, 2010 @ 10:03am

  Re: Re: Re: Re: inline linking as copyright infringement

  on Is Inline Linking To An Image Copyright Infringement?
  Yeah, you run with that. Outside of the Ninth and even in the Ninth with different facts--good luck to you. Please post back with how much you spend in defense costs.
• Jan 6th, 2010 @ 9:36am

  (untitled comment)

  on Is Inline Linking To An Image Copyright Infringement?
  Also, as Copycense pointed out, I did originally say that the image appears to be in the public domain. I have since edited that line to better explain that the image was published in 1906 and can be found at http://www.loc.gov/exhibits/bobhope/vaude.html