Is Embedding Infringement? MPAA Sues Two Sites

from the we-may-find-out dept

While we still need to wait for the end result of the YouTube/Viacom case to learn whether hosting infringing videos is infringement itself, there's another open question about whether or not linking to or embedding infringing videos is also infringing. It seems difficult to understand how it could be infringing, as it's no different than pointing someone to freely available content (and, technically, linking and embedding are no different at all -- it's just some HTML). The person (or computer) doing the linking or embedding has no idea whether the content being linked or embedded is infringing -- and it seems reasonable to believe that if it's available online, there's nothing wrong with linking to it.

Yet, here we have the MPAA suing two sites that both link to and embed various movies. The two sites in question, FOMD (Found Online Movie Database) and MovieRumor, don't host the movies themselves. They merely point people to various movies that are publicly available online. It would seem like a rather drastic stretch of copyright law to claim that is also infringement, but don't be too surprised at how this will be argued. The MPAA will play on emotional, rather than rational, arguments -- and it may actually work, given some similar cases in the past.

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  1. icon
    JS Beckerist (profile), 30 Jul 2008 @ 10:30am

    Linking to MP3's

    I've found a similar situation with my own site (lame plug I know but it's relevant!)
    I commonly post to links where you can download mp3s of the songs I transcribe (fileflyer, zshare...etc...)
    I've been threatened multiple times in regards to this, while I maintain it's perfectly legal. Between free speech (servers and I are both in the US,) fair use and the fact that all I'm doing is searching Google and posting a link I find that's already out there (I have nothing to do with otherwise!)

    ...I'm VERY interested in the outcome of this suit.

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