SHAKSPER 1999: Re: Hamlet Web Site (Legal Question)

From: Hardy M. Cook (editor@ws.bowiestate.edu)
Date: 12/23/99


The Shakespeare Conference: SHK 10.2290  Thursday, 23 December 1999.

From:           Gabriel Egan <gabriel@dmu-english.freeserve.co.uk>
Date:           Wednesday, 22 Dec 1999 18:59:42 -0000
Subject: 10.2272 Re: Hamlet Web Site
Comment:        Re: SHK 10.2272 Re: Hamlet Web Site

Joanne Gates writes

>Any Shakespearean may offer a link to my
>page, but please do not repost as your own.  Mine's at
>http://www.jsu.edu/depart/english/robins/docshort/onseeham.htm

As this bears upon a copyright problem I'm dealing with, would you mind
Joanne saying whether you have sought an expert legal opinion on the
distinction between offering a link to your page and reposting your
page? A link can be written so that the user doesn't realize that the
material is being dynamically downloaded from your page and indeed the
text can be sucked in and then surrounded by decorative material
belonging to the person making the link. Would this be a 'link' or a
'repost', in your view?

The website of the anti-McDonalds organization called McSpotlight used
this technique in a startling two-frame site which represented in the
left-hand pane the 'official' line beamed in directly (and dynamically
as one read) from the McDonalds website and in the right-hand pane the
'truth' underlying the fiction against which it was juxtaposed. The
highly litigious McDonalds corporation did not, I believe, attempt to
prevent this repackaging of its material.

Of course I'm not suggesting that you're wrong to seek protection of
your material, I'm merely curious about the legal position.

Gabriel Egan



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