The restriction on the linking business was suggested by me - and became my
personal nightmare as editor of eSpectra, our online journal.  I've decided
that absent a discussion at an executive level within MCN, the interim
approach would be to link directly to content within a site unless there
are express provisions in the site's rules of use prohibiting me from doing
so.  I'd like to hear thoughts on this list-serv concerning this approach
because essentially all of eSpectra is a series of links....

Rina Pantalony




"Kevin Grierson" <[email protected]> on 11/11/2002 08:57:13 AM

Please respond to [email protected]

To:    [email protected]
cc:
Subject:    RE: IP SIG: Fair Use Barbie


And NPR (www.npr.org) doesn't want you to link to their site without
permission either.  Some publishers may want you to read their articles
only by candlelight in front of your home PC, but saying it doesn't make it
enforceable.

I don't mean to pick on Amalyah, but this particular type of restriction
galls me and I don't believe it's legally enforceable.  They are, in
essence, claiming that there's something you can't "say" online.

kwg

Kevin W. Grierson
Willcox & Savage, P.C.
1800 Bank of America Center
One Commercial Place
Norfolk, Virginia 23510

mailto:[email protected]
ph: 757/628-5603  fx: 757/628-5566
http://www.wilsav.com
Subscribe to our E-commerce newsletter at
http://www.willcoxandsavage.com/pubs_maillist.html

>>> <[email protected]> 11/11/02 02:58AM >>>
On their site, at the bottom, "Terms and Conditions."
Amalyah

 -----Original Message-----
 From: Kevin Grierson [mailto:[email protected]]
 Sent: +æ 11/11/2002 02:42
 To: [email protected]
 Cc:
 Subject: Re: IP SIG: Fair Use Barbie



 Amalyah,

 If you have a cite for your statement about unauthorized linking, I'd like
 to see it.

 kwg

 <<< [email protected] 11/10  1:31p >>>

 "Showing Barbie Doll's Head on Sex Web Site May Be Fair Use"
 "Toy manufacturer Mattel is not entitled to summary judgment in a
 copyright
 infringement case against a British woman who sold sexually explicit dolls
 made partly with Mattel's SuperStar Barbie head, a federal judge in New
 York has ruled. The judge found that the defendant's statements about
 artistic expression and parody raised the affirmative defense of fair
 use."

 Since unauthorized hyperlinking is restricted:  go to  <www.law.com> ,
 click on the IP section under "Practice Centers", and scroll down to find
 the story.



 Amalyah Keshet
 Director of Image Resources & Copyright Management
 The Israel Museum, Jerusalem   www.imj.org.il
 Board of Directors, the Museum Computer Network   www.mcn.edu




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