Also internet related news from Denmark: From October Danes can no longer
use credit cards to pay internet porn sites.
Too many problems with bill fraud is the reason why PBS (automatic payment
service - an organisation created and supported by all Danish banks) denies
to make transfers of that kind.
Danish porn site owners facing economic ruin plans to unite and sue.

Med venlig hilsen / Yours sincerely
M. Malmkvist / WWW.PowerCad.dk

- A truth told with bad intent
Beats all lies you can invent.
William Blake, "Auguries of Innocence"

-----Oprindelig meddelelse-----
Fra: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]Pa vegne
af camplate
Sendt: 17. juli 2002 17:16
Til: brin
Emne: web copywrite


http://www.clickz.com/design/freefee/article.php/1404841

Who Owns Your Hyperlinks?
    Publishing: Free or Fee?



BY Vin Crosbie | 7-16-2002


Otherwise tranquil Copenhagen, Denmark, was the epicenter of a convulsion
that rocked the online publishing world earlier this month, when a Danish
court found that European laws make deep hyperlinking, a fundamental Web
function, illegal.

Last week, Danish Judge Michael Kistrup prohibited Newsbooster.com, a
second-generation search engine, from offering headlined hyperlinks directly
to Danish newspaper Web sites' stories.

The Danish Newspaper Publishers Association (DDF) had sued Newsbooster,
claiming the search engine, by hyperlinking directly to stories, was
allowing users to bypass the newspapers' home and other pages, thereby
denying those newspapers ad exposures users would otherwise generate when
clicking through the sites to desired stories.

As DDF lawyer Martin Dahl Pedersen put it, Newsbooster was guilty of
"parasitism," earning revenues from the works of other companies.

Unlike first-generation generic search engines (such as Yahoo!, Google, and
Lycos), Newsbooster specializes in news searches, charges a subscription
fee, and provides its clients with hyperlinks via retrieval, email, or news
feeds. Newsbooster searches over 4,500 major news organizations' sites every
15 minutes.

Judge Kistrup ruled Newsbooster's providing headlined hyperlinks directly to
the newspapers' stories violated both the Danish Copyright Act and the
European Commission's Database Directive on the Legal Protection of
Databases.

The judgment found newspaper Web sites fit those laws' definition of a
database as "a collection of independent works, data, or other materials
arranged in a systematic or methodical way or individually accessible by
electronic or other means." Newspaper publishers fit the definition of
legally protected makers of databases under those laws.

The text collections of headlines and articles, which make up some Internet
media, are thus found to constitute databases enjoying copyright protection
pursuant to section 71 of the Danish Copyright Act, Judge Kistrup declared.

Lest anyone think this is merely an errant legal ruling by a provincial
justice in a tiny country, know Judge Kistrup's decision set a precedent
throughout the 15 member nations of the European Union. Legal departments at
newspapers, magazines, broadcasters, and other publishing companies in
Austria, Belgium, France, Denmark, Germany, Greece, Finland, Ireland, Italy,
Luxembourg, the Netherlands, Portugal, Spain, Sweden, and the U.K. are
having a field day.

Interest in Kistrup's ruling is hardly limited to European publishers and
lawyers.

Earlier this year, Belo Corporation, parent company of The Dallas Morning
News, The Providence Journal, and 20 other media outlets, began prohibiting
deep linking to its sites. Each Belo site now declares, "If you operate a
Web site and wish to link to this Site, you may link only to the home page
of the Site and not to any other page or subdomain of us... [nor may you]
use any data mining, robots, cancelbots, spiders, Trojan horse, or any data
gathering or extraction method in connection with your use of the Site."

Soon after declaring this policy, Belo threatened to sue BarkingDogs.org, a
muckracking Dallas news Web site that dared provide its readers with
hyperlinks directly to Dallas Morning News stories. "As you may know, the
Belo content is protected by copyright laws of the United States," Belo's
letter to BarkingDog.org claimed. "Accordingly, we must request that you
cease and desist from any unauthorized use of the Belo content, including
without limitation, allowing users of BarkingDogs.org to deep link directly
to the Belo content or from posting, without prior written permission, any
other Belo content on BarkingDogs.org."

If the Web weren't based on the premise of deep linking, it would have been
named the "World Wide Straight Line," retorted BarkingDog.org owner Avi
Adelman.

Journalists discovered last month that National Public Radio, generally
regarded as the antithesis of American corporate media, posted a similar
notice: "Linking to or framing of any material on this site without the
prior written consent of NPR is prohibited." NPR's overall purpose might
have been to prevent other sites from hyperlinking directly to downloadable
audio files. But when the Internet media focused on its antilinking policy,
NPR quickly lifted it. NPR ombudsman Jeffrey Dvorkin told Online Journalism
Review, "I think NPR discovered that it was slightly out of sync with the
rest of the cyberworld and NPR has decided that it's going to rewrite its
policy and bring it up to date."

Many traditional media companies view antilinking policies and rulings as a
means to revert the World Wide Web into traditional packaged media, such as
print and broadcast editions. As writer Evan Schwartz noted in his 1997
book, "Webonomics": "Once they enter the Web economy, all magazines and
newspapers that you can hold in your hands deconstruct -- in the true sense
of the world. They lose their unity. They break up or decompose into their
constituent elements. No longer is the editorial product a cohesive package
tightly controlled by a team of editors."

Many traditional media companies feel bans on deep linking would increase
their banner ad revenues by forcing people to click down through home pages
before reaching stories.

Some traditional media companies want to take over deep linkers' own
markets. During the Danish court hearing leading up to the Newsbooster
decision, one prosecution witness admitted Danish newspapers themselves
wanted to serve the market created by Newsbooster.com, and they planned to
launch a news search engine service.

Requiring permission before ever hyperlinking to other sites -- even by
search engines -- could jeopardize the fundamental ecology of the Web. You
wouldn't own hyperlinks you place on your site. Such a ban would reduce the
number of sites that could charge for content in favor of traditional media
companies.

Back in Copenhagan, Newsbooster's CEO, Anders Lautrup-Larsen, plans to
appeal Judge Kistrup's rulin*.


Me: Printed without consent, I changed some things. The very last letter is
g

Kevin T.

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