by Mike Masnick
Tue, Aug 14th 2012 8:24pm
We recently wrote about the (somewhat surprising) ruling by Judge Posner in the 7th Circuit appeals court's Flava Works vs. myVidster case, in which Posner pointed out that a site providing links to infringing content is not infringing. He actually ruled that just watching the videos or embedding them are not direct infringement either. As we noted that seemed to have direct bearing on a number of other cases out there, including the criminal charges against Rojadirecta (and against TVShack's Richard O'Dwyer). It appears that Rojadirecta's lawyers wasted little time in letting the judge in their cases know about the ruling. While Rojadirecta's fight is in the 2nd Circuit, hopefully this helps the courts to recognize how ridiculous the governments' charges are. Even if they don't quite agree with Posners' ruling, just the fact that there are significant questions over whether or not linking/embedding are legal, should raise significant questions about the "willfulness" needed to show criminal copyright infringement.
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