Another fun DMCA case [LWN.net]

Another fun DMCA case

Posted Jul 14, 2005 18:22 UTC (Thu) by ksmathers (guest, #2353)
In reply to: Another fun DMCA case by rev
Parent article: Another fun DMCA case

Moreover, the consequences of your interpretation are absurd: I place a file called blahblah.txt somewhere on my web site containing a list of filenames though shalt not HHTP GET from my web site. You neverthless do. You, you dirty copyright infringer, I sue the hell out of you.

Well, the situation you describe wouldn't qualify as a DMCA violation unless there were a client/tool that normally reads that file and uses it to decide which files are accessible (the technological measure). Secondly you would have had to use that client/tool, and have bypassed the control in some way.

It seems rather simple to me, namely unless you have taken some affirmative step to bypass the control then you can't very well be liable for bypassing the control. If you did affirmatively bypass the control, then arguing that it isn't a control isn't very useful unless the control is truly absurd; that is unless you can guarantee that a judge or jury wouldn't be able to construe it that way, even with the help of a litigator clearly describing all of the reasons that it should be.

to post comments

Another fun DMCA case

Posted Jul 14, 2005 19:16 UTC (Thu) by niner (guest, #26151) [Link] (1 responses)

But nobody said, that anyone put any effort in circumventing the "robots.txt copy control measure". There are only a handful of tools out there that even support robots.txt, as it's a file that has a very special purpose and this only in connection with internet search engines.

E.g. wget as one of the tools that support robots.txt even lets you switch off the support via a command line parameter: -e robots=off

The easiest and probably most used way to copy a webpage is to just use the "save page" feature of your webbrowser. An I know of no webbrowser that even recognizes a robots.txt file.

If I wanted to write a service like archive.org which crawls and saves webpages I'd do it in perl and would have to knowingly put effort in supporting something like a robots.txt. So how can you call something a "copy protection measure", if I have to know that you have it and what way you tell me how to behave and actually write code to behave like you want. My other option is to just do nothing and how can I have done something bad if I have done nothing?

Head over to Groklaw

Posted Jul 14, 2005 19:40 UTC (Thu) by ksmathers (guest, #2353) [Link]

Yeah, if the plaintiff can't show that there was any effort to defeat the copy control measure then they are probably hosed.

For what it's worth, Groklaw seems to have picked up the story, so if you'd like to read a lot of different points of view on the subject, I'd suggest heading over to Groklaw. By the way, PJ's view is that robots couldn't be considered a technical copy prevention mechanism. So there's at least one dissenting opinion for you.