Canadian Supreme Court Ruled That Simply Linking To Copyrighted Content Should Not Be Considered 're

snoopy · Oct 20, 2011

In the highly debated case between Crookes and Newton, the Canadian Supreme Court ruled that simply linking to copyrighted content should not be considered 'republication'.

“Hyperlinks are, in essence, references. By clicking on the link, readers are directed to other sources. Hyperlinks may be inserted with or without the knowledge of the operator of the site containing the secondary article,” revealed Justice Rosalie Silberman Abella.

“Because the content of the secondary article is often produced by someone other than the person who inserted the hyperlink in the primary article, the content on the other end of the link can be changed at any time by whoever controls the secondary page,” she added.

The Justice believes that even though the primary author controls the link itself, the content that's behind the link is in the hands of the one posting the materials.

“I would conclude that a hyperlink, by itself, should never be seen as “publication” of the content to which it refers,” Abella says.

Many voices claim this is a great victory for the freedom of the internet and the freedom of expression, but others, such as the ones representing Access Copyright, also known as the Copyright Licensing Agency, aren't too content with the ruling.
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http:/ ews.softpedia.com ews/Supreme-Court-of-Canada-Linking-Is-Not-a-Crime-228825.shtml

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