Hello Jen,

I'm going to ask the following, not because I'm trying to be difficult, but because I think it needs to be asked....

What if the way I'm linking to someone else's video is by putting it in an HTML <embed> or <object> element so that the video play in my webpage instead of the original author's webpage.

Is that still OK?

(Note, by asking that I'm not trying to imply that I don't think that is OK.  I'm just wasn't sure if you considered that when you said what you said.)

See ya

On 4/12/06, Jen Simmons <[EMAIL PROTECTED]> wrote:
Why is it "stealing bandwidth" to have a bunch of people come watch
your video? If the person who linked directly to your video instead
linked to your blog post, would you consider that "stealing"??

Perhaps it seems like stealing if you are reposting something made by
someone else -- like you post + host a clip from South Park, expecting
the people who watch your South Park clip are going to go to your blog
and therefore will see other things you've posted, and now it's
upsetting that someone is linking straight to that South Park clip, by
passing your work completely... that would seem like stealing bandwidth
-- the only thing is, you'd be stealing South Park to do that.

If they've linked to a video you've made -- then great!! Of course, you
might prefer the viewer of the video gets the full experience, seeing
the blog post, your text, etc, but hey -- reality is you won't always
have control over that. I teach my students to always think about the
fact people will see their videos out of order / some will see them
all, others will jump in in the middle... some will see the blog post /
read the text -- others will use FireAnt and may or may not read the
text... I tell them to always assume the video will get separated from
the blog post. The best / clearest way to make sure you get credit /
notice for your own video is to put the credit you want to get in the
video. Adding "www.yoururl.com" at the end for 2 seconds does this

I would _much_ prefer someone links to my video than downloads it and
re-uploads it to their server. That way I can see how much traffic the
videos are getting, and the viewer can see from the URL the domain of
my site, and if they are savvy enough, will delete the end of the URL
to see more of the site...

It's not "stealing bandwidth". I'm hoping to get as much traffic as I
can. If I was worried about it costing too much, then I would use
ourmedia or blip.tv to host my video.


In answer to the original question, it is not "fair use" to link to
directly to someone's video. It's just a normal part of how the
internet works. "Fair Use" is a term that means you are using
copyrighted material without a license / without permission, because
the common or cultural good that comes from what you are doing
outweighs the copyright holder's interests. It's an extension of free


You don't need to invoke fair use to link to something -- linking does
not infringe on any copyright restrictions. There is not difference in
the law between linking to someone's website, blog entry, audio file,
or video file. Linking is linking, and no permission is needed. This
question was settled 10 years ago, and without the ability to link
freely to anything you want without permission, the internet would be a
very very different place. (Can you imagine only being allowed to link
to something after getting written permission from the website's
owner?? Or a world where people would charge each other money for
permission to link?? The web would be a zillion stand-alone islands,
and not a WEB if that were the case.)

-- jen

On Apr 12, 2006, at 8:55 AM, Michael Sullivan wrote:

> One of the problems is see is that some folks have the above opinion,
> that others are stealing their bandwidth.

    Charles Iliya Krempeaux, B.Sc.

    charles @ reptile.ca
    supercanadian @ gmail.com

    developer weblog: http://ChangeLog.ca/
 Make Television                                http://maketelevision.com/

Fireant Individual Use


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