On 4/9/06, Andreas Haugstrup <[EMAIL PROTECTED]> wrote:
On Sun, 09 Apr 2006 20:40:49 +0200, Charles Iliya Krempeaux
<[EMAIL PROTECTED]> wrote:
> The HTTP "no-cache" header has gained a legal context also. I remember
> reading about multiple court cases where this was perpetuated; both in
> Canadian and USA court. (I don't have any links, but I'm pretty sure I
> read
> this, via various court cases, from the EFF website. So if I or someone
> else did enough digging, the exact court cases could be found.)
Sounds like it's not something that will apply in this case. People are
not running their own webservers and a hosting provider like Blip.tv
cannot enter a legal agreement through HTTP headers with Veoh. Only the
owner of the content can enter a legal agreement.
That's a good point.
But (assuming that Veoh coded their systems to act as a web cache) Veoh could argue that they acted in good faith when obeying the "no-cache" header. And even though Blip.tv was not in a position to give that kind of permission, Veoh very likely will not be held liable for this one point (of the many point that Josh originally listed) because of that.
Again, let me say that I'm not trying to take sides here. I'm just thinking out loud because, if this goes to court, that this is all going to be said by anyone with knowledge of Internet Technology and Law.
And again, there's still other points that they might be able to be held liable for. But even though IANAL, IMO I don't think caching will hold up.
Although I'm thinking that the transcoding might not hold up either. Text transcoding is a widespread practice already. (Although I do NOT remember reading about any court cases on it. So I'm not sure of the legal stance in Canada or the USA on this.) The touchy part is that they are NOT keeping the original URL though. AFAIK, Text transcoders keep the original URL but "morph" the HTTP response by transcoding the "body" of the HTTP response and changing or adding HTTP headers for the HTTP response.
See ya
--
Charles Iliya Krempeaux, B.Sc.
charles @ reptile.ca
supercanadian @ gmail.com
developer weblog: http://ChangeLog.ca/
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