Archived posting to the Leica Users Group, 1998/12/14

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Subject: Re: [Leica] Legal links
From: "Joe Stephenson" <joeleica@email.msn.com>
Date: Mon, 14 Dec 1998 14:52:40 -0700

vTina,

You have my sympathies, but I don't think there's a lot you can do. A
website such as yours is open to all comers and a link is merely one
person's recommendation that others take a look at your site. Since they're
not using your images in their site they're not infringing on your
copyrights. If you put your images on a site that is open to all, you can't
really question why people choose to visit it and view your pictures - as
distasteful as their reasons might be.

BTW, I am an attorney but this is not an area I have any practical
experience in. Internet law is still in its infancy and is filled with grey
areas. I think a good analogy would be that if you published your pictures
in a book - protected by copyright - you really couldn't stop anyone else
from recommending that others buy your book, even if it was for reasons you
didn't agree with. Or, if someone made a movie that they thought was good
but was really horribly bad, they probably couldn't stop a link from a site
that promised "bad" movies. (Not in any way to suggest that your
photographs - which I looked at before writing this and like a great deal -
have anything qualitatively in common with bad movies).

When owners of websites start to say that it's okay for people to visit
their site for some reasons but not for others, the web ceases to be an open
environment.

You could, of course, post some disclaimer or cautionary message on your
site.

Bryan
==++++++++++
An interesting point that Tina has raised. Personally, I don't care why
people look at my pictures, just so they do. If I had to worry about what
might be read into my pictures, or why people liked them, I would hardly
have time to take them.
Sincerely,
Joe Stephenson