EFF to Court: Don't Make Embedding Illegal
6 hours ago
- #server_test
- #internet_law
- #copyright
- The 'server test' rule in the U.S. holds the entity hosting copyrighted content on a server directly liable for infringement, not users who link to it.
- Linking to content is generally not direct infringement unless the linker promotes the infringement, as the linker doesn't control the server or content.
- Emmerich Newspapers argues that embedding links should make the embedder directly liable for displaying infringing content, which could disrupt common internet practices.
- Embedding external content is a fundamental internet feature, used for fonts, streaming, customer support, and more, benefiting from the legal certainty of the server test.
- Emmerich's approach risks legal chaos by shifting liability to users who lack control over server content, undermining copyright's purpose to promote knowledge access.
- Emmerich also claims altering URLs violates the DMCA by changing copyright management info, potentially penalizing link shorteners—contrary to Congressional intent.
- The district court rejected Emmerich's theories to protect common internet activities; the appeals court is urged to uphold this decision.