On Sun, 31 Dec 2006, Nadav Har'El wrote:
I don't think this issue is specific to linking, to piracy, or IP laws. The more basic question is - how much does "free speech" cover you when you are telling others to break the law, or helping them do so more easily?
Free speech might cover you in some countries, not in this one afaik. Also in some other countries it will cover you until you will speak in a way contrary to the prevailing ruling minority's ideas about one or more sensitive subjects (currently 9/11, kiddie 'porn' diaper ads, and hanukkiahs in places where xmas trees are, esp. airports - there are a couple more).
At what point do you stop being just a "speaker", and become an "accomplice"?
That's a good one. I hope you get to study law and some day find yourself in a position to judge that. I also hope that whatever you pass for judgement does not live with you for the rest of your days as a nightmare. Meanwhile, for legal philosophy, you are addressing the wrong list.
Is publishing links to illegal material ok? Is publishing instructions on making bombs ok? Is publishing stolen credit card numbers ok (if you didn't steal them yourself)? Is publishing a religious edict to murder someone (e.g., the prime minister you don't like) ok? Are all of these covered by "free speech"?
Define 'publishing'. Is an unlinked webpage 'published' ? Is the 7356721th link, which you will find after reading responses for two months in a Google search, 'published' ? Is the link and referrer trail you leave in the server logs when you research the ingredients for nitro 'publishing' if that log becomes public ? Is the link 'published' if you think the page is safe but a friend posts it to /. and you get /.-ed ? If so, who goes to jail: the guy who /.-ed it, you, both of you, or half the engineers on the Internet who read it ? Or is this postponed for a year or so until a kid in Tierra del Fuego loses an eye while trying your untried recipe ? And if he doesn't then the whole thing is forgotten ?
I guess your intent matters a lot. If you publish on Wikipedia an explanation of what Trinitrotuluene is and how it is prepared, a judge will much more likely be in your favor than if you published a "How-to-blow-up-your-school For Dummies" step-by-step instruction manual in a website for kids.
Right. And you know that, because your uncle is a judge and he told you so ? And he guessed your intent because he is also a fortune-teller ?
Similarly, if you passingly mention a link in some mailing list in response to a question, in "tom lev", this is very different from building a commercial site whose sole intent is to help others to break the law, while you profit.
I am sure that your mother would understand. However you will be judged by your uncle ;-)
I love it when linux users screw in (or just screw ?) lightbulbs as a group, elaborate licenses by commitee, and play judge in a public mailing list (especially foreign judges).
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