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EU Court Rules Embedding YouTube Videos Is Not Copyright Infringement
Maurits van der Schee writes "The Court of Justice of the European Union has ruled that embedding a copyrighted YouTube video in your site is not copyright infringement. From the article: "The case in question was referred to EU’s Court of Justice by a German court. It deals with a dispute between the water filtering company BestWater International and two men who work as independent commercial agents for a competitor. Bestwater accused the men of embedding one of their promotional videos, which was available on YouTube without the company’s permission. The video was embedded on the personal website of the two through a frame, as is usual with YouTube videos. While EU law is clear on most piracy issues, the copyright directive says very little about embedding copyrighted works. The Court of Justice, however, now argues that embedding is not copyright infringement."
For those kids who got shipped out to the USA for linking videos. If only they had embedded them.
In fact, the same court had already ruled in a earlier case (Svensson) that linking to a file does not constitute copyright infringement either.
The court doesn't seem - at least from this report - to have taken into account that the uploader on YouTube has the ability to permit or deny this embedding, which would have strengthened the argument that it is that uploader who was to blame, not others linking to the video there. I wonder if the copyright owner went after them as well - considering a copyright takedown against the video on YouTube would have disabled the embedded view anyway?
What could be interesting here is how this relates to recent UK court orders forcing the largest UK ISPs to censor access to "pirate" websites like TPB, some of which also merely link to files which may be online in breach of copyright?
Why go even further and get a court to rule that any link is equivalent to a bibliographical reference/citation in a printed book/journal - that is telling you where to find the referenced item.