Rob St. wrote:
> On 15 Jan 2001, at 3:01, Lasse Karlsson wrote:
> > Rob St. wrote:
> > > Has anybody seen this before, the images of mine displayed are from PUG
> > > entry URLs however the thumb-nail images seem to be stored locally.
> > > http://www.multimedia.lycos.com/default.asp?component=MorePictures&que
> > > ry=rob+studdert&agree=1
> >
> > > What are your opinions on this practice?
> >
> > (Is that the result of a search for pictures by "Rob Studdert"?)
> >
> > It actually looks like two infringements of the Copyright Act, doesn't it?
> > 1. They are, without your consent, making a copy of your picture(s).
> > 2. They are, without your consent, altering said picture(s).
> > (I assume this is what you're asking for our opinions on.)
> >
> > Well, it's bad, bad, bad.... Sue them their pants off! :)
> > Seriously, I don't know if this has been tried by any law, but it is principally
> > an interesting question.
>
> Hi Lasse,
> I don't agree with this practice either as deep linking URLs displays the
> image out of context and may as well be construed as a violation of
> copyright. Also the fact that there is a copy of the image modified without
> consent being housed on their server is definitely an infringement. I bet that
> they would sue the pants off anyone who did the same to them :-(
Hi Rob,
(Yes, although the actual linking to PUG does not constitute an infringement of the
right to make a copy, the "out of context display" may well be regarded as a violation
on a similar level as an unauthorised alteration is.)
Anyway, I gave the whole search/picture harvesting another thought.
If the making of thumbnails is a violation of copyright, it still may be that they've
got their asses legally covered.
They do provide you the means (the search function) to harvest pictures according to
the criteria accepted by the search machine, but they do not actually perform the
search, i.e. the collecting and the thumbnailing of the pictures. The visitor/user
does. (Analogueos cases seem to say that they are not to be held responsible for what
possible illegal actions may be performed by such a function.) It is also likely that
they somewhere on their pages have a disclaimer along these lines, which will be
legally valid and keep them out of any litigations. (Maybe one could try them as
accessaries... :) )
Should then the one who's doing a picture search and, in doing so, creating
thumbnails, be regarded as a violator of the copyright to these pictures?
Well, you tell me. :)
(A first or maybe even a hundreth time user may not even grasp the technical
peculiarities of that search program (i.e. that a thumbnail copy is being created, and
a possible violation of the copyright act is taking place).)
Interesting stuff.
Lasse
-
This message is from the Pentax-Discuss Mail List. To unsubscribe,
go to http://www.pdml.net and follow the directions. Visit the PUG at
http://pug.komkon.org.
