Excellent sleuthing! You're right. The Bridgeman-Corel decision that went against Bridgeman was never appealed for fear that the appeal would also go against Bridgeman and result in a much wider application of the case law even in the US beyond the district in which the case was brought.
Leaving the DMCA's prohibition on circumventing digital protections aside for the moment, might this be the sound of the other shoe dropping? The NPG have certainly teed this up in a way that will be difficult to ignore - in law or public policy. ken Kenneth Hamma +1 310 270 8008 khamma at me.com 368 Patel Place Palm Springs CA 92264 On Jul 13, 2009, at 9:36 AM, Deborah Wythe wrote: > > Interesting dustup. A Wikipedia person went in a backdoor on the NPG > site and "scraped" fullsize images and posted them on Wikipedia as > public domain. NPG brought > in the lawyers to argue that in Britain the 2-D non-copyrightable > precedent > hasn't been argued. > > > > > > http://www.peoplepoints.co.nz/2009/07/wikimedia-commons-national-portrait.html > > http://londonist.com/2009/07/national_portrait_gallery_to_sue_wi.php > > http://commons.wikimedia.org/wiki/User:Dcoetzee/NPG_legal_threat > > Website security: >> From the NPG cease & desist letter: > As you know, the images from our client?s website that you have > copied were > made available from our client?s website using "Zoomify" software. > As you know, > Zoomify is an application that is used to publish photographic > images in such a > way that an entire high resolution image is never made available to > a user > although high-resolution extracts or "tiles" are made available one- > at-a-time. > Our client used the Zoomify technology to protect our client?s > copyright in the > high resolution images. > > > > NPG's policy/price sheet for web use: > http://www.npg.org.uk/business/images/use-on-web.php > > Deborah Wythe > Brooklyn Museum > deborahwythe at hotmail.com > > Insert movie times and more without leaving Hotmail?. See how. > _________________________________________________________________ > Bing? brings you health information from trusted sources. Try it now. > http://www.bing.com/search?q=pet+allergy&form=MHEINA&publ=WLHMTAG&crea=TXT_MHEINA_Health_Health_PetAllergy_1x1 > _______________________________________________ > You are currently subscribed to mcn-l, the listserv of the Museum > Computer Network (http://www.mcn.edu) > > To post to this list, send messages to: mcn-l at mcn.edu > > To unsubscribe or change mcn-l delivery options visit: > http://toronto.mediatrope.com/mailman/listinfo/mcn-l > > The MCN-L archives can be found at: > http://toronto.mediatrope.com/pipermail/mcn-l/
