Author Topic: Federal Judge Says Embedding a Tweet Can Be Copyright Infringement  (Read 311 times)

Online walkstall

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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.

Courts have long held that copyright liability rests with the entity that hosts the infringing content—not someone who simply links to it. The linker generally has no idea that it’s infringing, and isn’t ultimately in control of what content the server will provide when a browser contacts it. This “server test,” originally from a 2007 Ninth Circuit case called Perfect 10 v. Amazon, provides a clear and easy-to-administer rule. It has been a foundation of the modern Internet.

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Online Solar

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Re: Federal Judge Says Embedding a Tweet Can Be Copyright Infringement
« Reply #1 on: February 17, 2018, 07:38:16 AM »
This judge is reaching. This paragraph says it all.

This case began when Justin Goldman accused online publications, including Breitbart, Time, Yahoo, Vox Media, and the Boston Globe, of copyright infringement for publishing articles that linked to a photo of NFL star Tom Brady. Goldman took the photo, someone else tweeted it, and the news organizations embedded a link to the tweet in their coverage (the photo was newsworthy because it showed Brady in the Hamptons while the Celtics were trying to recruit Kevin Durant). Goldman said those stories infringe his copyright.

Thing is, the original author is the one held liable for protecting his own property.
He posted it in a public medium, and unless he clearly stipulates the pic as personal property, people are free to use it.

Truth is, this guy saw that the media picked up the pic so he wants a payout, so I'd question what the judge gets out of it if the guy wins his case?

Offline wally

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Re: Federal Judge Says Embedding a Tweet Can Be Copyright Infringement
« Reply #2 on: February 19, 2018, 04:52:25 AM »
In the last twenty years or so, the huge leaps in technology have been both a blessing and a curse.  Our laws have not kept up with our technology.  I believe that we have a real opportunity to restore the rule of law and our Constitutional Foundation, as the whole body of our laws are revised to reflect the 21st century. This includes everything from immigration to how our civil rights apply to new information technology.

Thank God Donald Trump won and is reshaping our judiciary with the appointment of judges who will apply the original meaning of our Constitution and not attempt to reshape our nation into something it was never intended to be.

I subscribe to the belief that "  “Whatever the mind can conceive and believe, the mind can achieve".   The problems of trying to fit our traditional concepts into our new technological world are daunting, but I know that with the proper hands on the controls we will safely arrive at our proper destination.   (If the HildaBeast had won, the outcome of  this matter would be the censorship of any political speech which does not conform with the orthodoxy of the State)
The press is our chief ideological weapon.
~ Nikita Khrushchev

Government does not solve problems; it subsidizes them.

~Ronald Reagan


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