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.

Filed Under: copyright, embedding, fair use, legal issues, linking
Companies: fomd, movierumor, mpaa


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  1. identicon
    Abdul, 30 Jul 2008 @ 9:22am

    Re: Why are we in Iraq?

    I'm ashame that you can write such statement in public but your user name shows you are a person devoid of reasoning. You are the sort of people that wants lawlessness to become the order of the day! What's wrong with the RIAA and MPAA making sure that content owners get what they deserve rather than having guys like you use Youtube aas a haven for copyright thieves: Top 10 Ways YouTube Has Ruined Life for Good(http://www.internetevolution.com/document.asp?doc_id=155235&F_src=flftwo)

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