Copyright-maximalist judges plagiarize lawblogger in opinion

The judges in a Dutch copyright case plagiarized a legal blogger in writing their opinion. The case held that framing and embedding is a form of copyright infringement (a maximalist copyright view that I find pretty dubious as a policy matter), and the relevant section from the opinion, "in case law and legal literature it is generally held that an embedded link constitutes a publication. After all, the material can be viewed or heard within the context of the website of those who placed the link, and placement causes the material to reach a new audience" is identical to text that appeared earlier on SOLV lawyer Douwe Linders's blog. Dutch copyright's fair dealing rules allow for some quotation without permission, but passing off someone else's text as your own is plagiarism, and weakens the fair dealing claim as well.

Judges plagiarize blog posting in copyright case

Opinion (PDF)

Blog posting by SOLV lawyer Douwe Linders

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