One of the ways to stay in compliance with PoA's wishes is to import via reference or hot linking. By using the IMG tags you point to the original location of the content and it is merely displayed with a POA shell around it without actually moving the content.
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That's a very thin line. There's quite a few cases where the courts didn't make that distinction. It's far from "safe"...
I'd like to see one, have a reference?
No problem Dave.
Not off hand, but there are a few cases. I seem to remember one in Washington State a few years ago. And of course you can look at the famous cases like Perfect 10 v. Google and take a guess how "hotlinking" would fare in the eyes of that court.
That's true, and not only is case law still emerging, current interpretations are far from consistent. That the image hasn't technically "moved" doesn't necessarily mean that it wasn't copied. Copying aside, it would be rather easy to argue that you are infringing on the copyright holder's exclusive right to public display and I would think that arguing that you're making a derivitive work would be quite straightforward, too.
That's probably not the way that courts will look at this. "Hotlinking" is inherently "allowed" by standard internet protocols. Yes, maybe the site could try to prevent people from doing it, but they certainly don't have to do anything to allow it. Just because something is possible doesn't mean you're allowed to do it.
I'd guess this would be your strongest argument. However, courts haven't, by any means, always ruled in favor of the fair use person. Remember the recent Harry Potter Lexicon case? Proportionality is important - based on that, I'd guess that posting a picture and then just a sentence might not be enough to qualify under fair use.
That is not supported by previous MC actions regarding copyrights. Specifically, a picture I posted was hotlinked from the MAG site and was removed.One of the ways to stay in compliance with PoA's wishes is to import via reference or hot linking. By using the IMG tags you point to the original location of the content and it is merely displayed with a POA shell around it without actually moving the content.
Sort of like this
That image is still at the location, http://imgs.xkcd.com/comics/copyright.jpg, it is NOT on PoA, yet you can see it, by reference, here within this thread.
Some sites do not like hot linking but there is no law being broken by hot linking.
Scott, I agreed with you that case law is still emerging in this area. If you researched this, however, you'd find quite a few applicable cases. Just pointing that out
It would also appear that what was posted was one of the Dilbert mashups. In these you can add the last frame of text and save the comic. When I read what was posted here it seemed like one of those as the last frame was targeted to a group that Scott Adams normally does not go after. Since the Dilbert site allows for mashups and for them to be saved those might be ok to upload.
quite a few or just a few?Scott, I agreed with you that case law is still emerging in this area. If you researched this, however, you'd find quite a few applicable cases. Just pointing that out
Or maybe a link to it?OK, but I still want to read your Dilbert strip! Care to post it again now?
Yeah, we hear that in legal ALL the time. "We want to sign this multi-party, multi-national contract with a software vendor and oh yeah, they want it to be signed by the end of the quarter". "That's next week". "Is that a problem?"