Tom Brady and a Ruling over Embedded Tweets Could Change the Internet and Online Publishing

10 04 2018

IP Watchdog

Franco Galbo
April 6, 2018

Of all of the things NFL quarterback Tom Brady has been accused of ruining over the years, the internet is not necessarily at the top of the list, and certainly not based on an alleged copyright infringement that he had no part in perpetuating. Yet, a photograph of him and Danny Ainge, the general manager of the Boston Celtics, could in fact forever change the internet and online publishing as we know it.

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Federal Judge Says Embedding a Tweet Can Be Copyright Infringement

14 03 2018
EFF
FEBRUARY 15, 2018

Rejecting years of settled precedent, a federal court in New York has ruled [PDF] that you could infringe copyright simply by embedding a tweet in a web page. Even worse, the logic of the ruling applies to all in-line linking, not just embedding tweets. If adopted by other courts, this legally and technically misguided decision would threaten millions of ordinary Internet users with infringement liability.

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The content in this post was found at https://www.eff.org/deeplinks/2018/02/federal-judge-says-embedding-tweet-can-be-copyright-infringement Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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District judge in the SDNY: Embedding links to third –party web content is copyright infringement

7 03 2018

AdLaw by request

Brian Sutherland on 2 March 2018

What is the legal difference between embedding an image on a website and displaying a copy of the image? News organizations and other website publications have relied on the Ninth Circuit’s opinion in Perfect 10, Inc. v. Amazon.com Inc., which established a bright-line server test for determining whether a website displayed a copy of an image, and thus potentially infringed upon the owner’s copyright in that image for the past ten years. According to the server test, a website operator displays an image if it sends a copy of the image from its server to the end user’s browser, but does not display an image if it merely embeds instructions (HTML) in its webpage that enable the end user’s browser to request the image from a third party’s server.

On February 15, 2018, District Judge Katherine B. Forrest of the Southern District of New York opened the door to new copyright infringement suits in the Second Circuit and beyond with her ruling in Goldman v. Breitbart News Network, LLC.

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The content in this post was found at https://www.adlawbyrequest.com/2018/03/articles/in-the-courts/district-judge-in-the-sdny-embedding-links-to-third-party-web-content-is-copyright-infringement
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In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News

19 02 2018

Ugh, this decision is bad. How bad is it? It makes me sympathetic to Breitbart, and I didn’t even know that was possible. You may want a box of tissues nearby before reading this. The TL;DR: for over a decade, in-line linking has been treated as categorically non-infringing. This opinion flips that presumption and may eliminate all unlicensed in-line linking.

Goldman (no relation) posted a photo of quarterback Tom Brady to Snapchat. It went “viral,” and third parties reposted the photo to Twitter. The defendants then “embedded” those tweets, including Goldman’s photo. Functionally, embedding is the same as in-line linking. The photo remains hosted on Twitter’s servers, and embedding automatically instructs web browsers how to obtain the photo from Twitter’s servers and incorporate it into the page’s HTML.

The parties agreed to put a threshold question to the judge first: is embedding tweets a “public display” for copyright purposes? All other legal questions were reserved for subsequent proceedings depending on the court’s answer. Because of the streamlined legal question answered by the court, any gossipy details about Brady and Twitter are irrelevant. This ruling is much broader than that.

The court says in-line linking of photos constitutes a prima facie copyright infringement (a public display). The defendants can still advance other defenses, and they might even win on other grounds. But even if that happens, this ruling will remain deeply troubling if it’s not fixed on appeal.

Case citation: Goldman v. Breitbart News Network, LLC,  1:17-cv-03144-KBF  (S.D.N.Y. Feb. 15, 2018).

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Getty Images targets Google’s image search in EU by filing competition complaint

20 01 2017

Google, the Internet software and services arm of Alphabet Inc. (NASDAG:GOOGL), offers a tremendously valuable portal to the wider Internet through its flagship search engine service. One of the more popular aspects of Google’s search engine is the image search features; as of July 2010, Google’s image search was delivering one billion pageviews per day […]

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Staving Off Scrapers of User-Generated Content with Electronic Copyright Transfers… A Legal (But, Perhaps Not a Practical) Solution

24 11 2013

It’s a problem that has vexed website owners since the days of the dot-com boom – how to make certain user-generated content available to users or subscribers, but also prevent competitors and other unauthorized parties from scraping, linking to or otherwise accessing that content for their own commercial purposes.

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The content in this post was found at http://newmedialaw.proskauer.com/2013/11/12/staving-off-scrapers-of-user-generated-content-with-electronic-copyright-transfers-a-legal-but-perhaps-not-a-practical-solution/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Germany wants Google to pay for news citations, passes re-publishing bill

7 03 2013

The lower house of the German parliament, known as the Bundestag, has approved a new bill that would require search engines to pay a license fee for re-publishing content longer than “individual words or short excerpts.” The bill passed by a vote of 293 to 243, with three abstentions.

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Dutch court rules linking to photos is copyright infringement

17 09 2012

A Dutch court has ruled that the website GeenStijl infringed copyright by linking to unauthorized copies of nude pictures of reality star Britt Dekker. The pictures originally appeared in the Dutch version of Playboy magazine.

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Government admits defeat, gives back seized Rojadirecta domains

1 09 2012

In 2011, the US government grabbed two domains, one .com and one .org, belonging to Spanish sports-TV “linking site” Rojadirecta, claiming that the site was a flagrant enabler of copyright infringement. The government then sought forfeiture of the domains, at which point Rojadirecta’s Spanish parent company fought back. A year and a half after the seizure, the government has capitulated—today it dismissed the case against Rojadirecta and will have to return the domains.

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AP sues aggregator over “parasitic business model”

25 05 2012

The Associated Press is suing a paid news subscription company, alleging Tuesday that repackaging the wire service’s news content is a “parasitic business model.”

The suit (PDF) blasts the Meltwater Group of San Francisco, saying the 10-year-old company’s subscription service charges a fee for “content created at the expense and through the labor of others.”

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