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'Devil's Advocate' on Free Music Downloads

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What me provoked? Heh
8/14/2002 6:30:19 AM
Posted By: Rick Brown


Yes, I agree that there are the litigious who would see the two as the same. And I agree with your point
about the marketing value offsetting the free lunch. And I appreciate Jan Ian's viewpoints, and especially
like the way she can rant on the topic.

It may have sounded like it, but I wasn't really trying to argue that those who see deep linking as copyright
violations are wrong because they're violating the all-mighty sanctity of the intentions of the gods who
designed the freedom of the web, yadda, yadda. When I wrote that, I was thinking that even the
opposition's legal arguments might be different on deep linking than file sharing because of the technical
and contextural differences between the two. And the way courts rule might vary because of those differences.



Provocation worked ;-)
8/12/2002 5:03:59 PM
Posted By: Norbert Specker

There is a substantial and litigating part of the newspaper industry who holds that posting a website does not include permission to link to it. They would see deep linking very much like napstering. Everybody else of course would confirm your viewpoint.

The point I tried to make with the help of Janis Ian is that the marketing value of "being available", be it as an mp3 song file or as a "deep link" in most cases exceeds the "free lunch" losses.

There are only a few newspapers in this world that are the "Brittney Spears" of their trade, everybody else rather has a "Janis Ian" standing.

Deep linking not Napster-like
8/9/2002 7:19:20 PM
Posted By: Rick Brown


Deep linking is not so different than Napstering? Whoa. That's a total misunderstanding
of how the two work. Deep linking is very different than file sharing. Deep linking does not
store the original work on the computer hosting the page that links to the original work. Also,
the owners of the original work originally posted it to their own site to permit downloading
(that is, retrieval for viewing in a browser via http). It's an arguable point, but some believe
that posting a Web page implies permission to link to it. Meanwhile, a file stored for file
sharing was not necessarily placed on a computer for further distribution by a person with
authorization to do so. And there's not necessarily authorization to copy it to other computers
for additional distribution. There's a difference between linking to material on its original Web
page and copying that page for reposting at my site and other sites. The latter is akin to
Napstering.



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