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Texas court says deep-linking is copyright infringement

Mark Frauenfelder at 4:06 pm Tue, Jan 23, 2007

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In an update to Xeni's post last month, Out-Law.com reports that the US District Court for the Northern District of Texas found a website owner guilty of copyright infringement for linking to an another website's audio file without permission
[Robert Davis, who runs Supercrosslive.com] argued that he did not actually copy any material, he only provided a link to it which opened the material in a user's media player, but the court ruled that that link broke the law.

"The court finds that the unauthorized 'link' to the live webcasts that Davis provides on his website would likely qualify as a copied display or performance of SFX’s copyrightable material," said Lindsay. "The court also finds that the link Davis provides on his website is not a 'fair use' of copyright material as Davis asserts through his Answer."

Link (Thanks, Kelly!)

Mark Frauenfelder is the founder of Boing Boing and the editor-in-chief of MAKE and Cool Tools. Twitter: @frauenfelder. Come and hear Mark speak at the ALA conference in Chicago on July 1.

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