Weird: Wikipedia Creator Dumps Former RedEye Host Rachel Marsden On... Wikipedia | Main | Okay, More On The Wales-Marsden Split
March 03, 2008

Snapped Shot Back (Mostly)

Brian's statement on the site. The matter seems resolved... mostly.

He credits Gabriel with providing him some good, if tough, legal advice.

Here's the dealio and my admission of some dishonesty, or, rather, lack of candor. I sorta thought AP had a legitimate gripe here. What I've said to Brian via email was not exactly what I posted here. Hey, it's family, sort of.

And you don't go against the family.

Anyway, I believe, though do not know for a fact, that courts have ruled that images can be hotlinked from a site without legal consequence; there is no copyright protection for a link, the idea goes. So I believe (but do not know) that Brian can simply use the img src command to display pictures on his site, so long as that image is being pulled from the owner's servers.

I believe the problem came from his copying the pictures and uploading them and displaying them with his own bandwidth, thus establishing, sort of, "constructive ownership" of the pictures. Sort of like squatting, where you do just enough to basically challenge ownership of someone else's property.

This is an odd rule, because one can essentially steal a picture and display it on one's own site so long as one does the picture's owner the courtesy of simultaneously stealing his bandwidth.

Make sense? No, not at all.

I almost always hotlink major media pictures this way. With smaller blogs, I take the pic, with credit, but not to steal the picture, just to spare them the dick move of also leaching their bandwidth (and for smaller blogs, that bandwidth may be pretty limited and they may get stuck with a big bill if bigger blogs begin hotlinking their pics).

An odd rule with strange implications, but it appears to be what the courts have ruled.

In any event, I hope Snapped Shot continues getting all up in AP's grill.

Hmm: I may be wrong about the hotlinking thing.

An advisor writes:

I know that you're no novice when it comes to this kind of thing, but I'm not convinced that you're correct about hotlinking images. The display of an image on your webpage, even if it's loaded from a remote server, constitutes "reproducing" the image. In the case of copyrighted works, you would face the same concerns about infringement as if you had copied the photo to your server and then republished it.

I'm no IP expert, but I have had some experience with copyright issue... that lead me to believe that you are in gray area at best, leaning into "no, not really"
territory. You might want to stick another caveat lector in your post.

Consider it so stuck. Could have sworn I read that though.


digg this
posted by Ace at 04:07 PM

| Access Comments




Recent Comments
Skandia Recluse: "[i]It's actually overall a pretty good bill given ..."

Bander proctoring a test: "[i]If you had a list of what you DO PAY TAXES FOR ..."

BurtTC: "BREAKING NEWS: ABC News has learned the location w ..."

Minnfidel: "Corrupt mother fuckers gotta corrupt. ..."

Skandia Recluse: " Tax Bill Sucks. -- I never had any doubt. ..."

buzzsaw90: "Like a good overlord Deep State is there ..."

Marcus T: ""Tax Bill sucks. Glad some people are seeing throu ..."

cicero Kaboom! kid: "16 strip them of their pensions now. I don't pay t ..."

Senator Bob Menendez: "Guilty as sin, free as a bird. ..."

Tom Servo: "Re: the Romans; remember that the 3rd century saw ..."

#neverskankles : "Where are the GOPe flunkies to tell me how great t ..."

runner: "Greed, from top to bottom is to blame. From the br ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64