On 04/05/07, Joe Szilagyi szilagyi@gmail.com wrote:
I'm just curious. Isn't it a technical violation of US law/DMCA to link back to pages that include infringing material? Or was that just for basic copyright status? If so, can we link to news sources that include the key?
We do. See [[HD DVD encryption key controversy]]. "Several US-based news sources have run stories containing the key, quoting its use on Digg. [31] [32] [33] [34] [35] None are known to have received DMCA notices as a result."
Also, has any active lawyer weighed in on this legally, that we can go by?
Nope. The Foundation is Not Expressing An Opinion.
FWIW, I think if we have multiple RS reporting on the key itself, that we would be legally covered if we documented what they were reporting on. But I'm not an attorney.
I would think so too. And I'm not an attorney either, but I *am* someone with practical experience of putting up material that thugs with money don't want up [*]. And if they don't bring action against all those US news sources for reporting the key itself, and then bring an actual case when (not if) those news sources tell them to fuck off, and then win said case, they're fucked and we are *so* in the clear.
- d.
[*] Scientology wars. The stuff at our article [[Xenu]] - particularly the piece of L. Ron Hubbard's handwriting - got [[Dennis Erlich]] and [[Arnaldo Lerma]]'s houses raided by copyright police. This won't happen ever again because so many people rose up in abject disgust at such a thing occurring, including particularly [[David S. Touretzky]], who put up an academic treatment of it the Church of Scientology couldn't touch. Now, I'm not saying this will play out just like that - I think it'll be a lot quicker and easier to a win. But when I express an opinion in this thread, I'm speaking as someone who's been there, done that and watched up close as others have done it.