back to article No, the EU is not going to make hyperlinks illegal

You may have read that the European Commission intends to prevent hyperlinks to copyrighted material. The good news is that this isn’t true. The bad news is that there is a real proposal to change copyright law that could change how we use hyperlinks – the bedrock of the World Wide Web. How does the humble hyperlink fit into …

  1. Kaltern

    Diddums

    'This would affect commercial sites that rely on bringing together data from various sources and re-packaging them for a different audiences. '

    What a fucking shame. Does that mean that :

    a) We'll not be inundated with companies such as Taboola and Outbrain shoving their pay-2-click shite on websites?

    b) Web content editor will actually have to y'know, edit their own content?

    Unless I'm missing something, I don't see this as a huge problem - anything that slows down the income-generating crap on Web 2.0 is fine in my book.

    Oh and I notice back in June that 'Daily Mail Invests $3 Million in Native Partner Taboola' - I DO hope this fucks them over too.

    (I'm REALLY grumpy this morning...)

    1. Dazed and Confused

      Re: Diddums

      Would this for example screw comparison sites which aggregate lots of different peoples websites to tell you who is offering the cheapest deal on ... well just about everything. I bet that say the electricity supply companies would love to stop sites listing all their pricing in 1 place when they've been paying marketing zeebs structure their site so that no one is able to find the cheap deals that they've promised of*** really do exist.

      Surely if websites don't want you to link to their pages without going through their preordained path they can just use dynamic links and not allow referrals from Google go where customers actually want to go, and send them to the marketing spiel page first.

      1. Anonymous Coward
        Anonymous Coward

        Re: Diddums

        Would this for example screw comparison sites which aggregate lots of different peoples websites to tell you who is offering the cheapest deal on ...

        You typically need to pay to be included on those comparison web sites, so I guess that's safe.

        If Google made publishers pay for appearing on Google News, they might have been safe from lawsuits?

    2. Anonymous Coward
      Anonymous Coward

      Re: Diddums

      "Does that mean that we'll not be inundated with companies such as Taboola and Outbrain shoving their pay-2-click shite on websites?"

      Unfortunately, since Taboola is getting paid to attract traffic to the websites its crap links to, they're probably the *least* likely to be affected by any such moves, since they'll get the permission they need.

      Christ, just how often were you planning on shoving that exact same "10 body-language mistakes" crap in my face? I think the bloody stock photo they used for that is permanently etched on my brain now.

      Did you know that the name "Taboola" actually comes from the Latin for "attention-whoring clickbait shite"?

  2. Anonymous Coward
    Anonymous Coward

    Ah copyright

    The scoundrel's charter

    A lovely example of disgusting copyright abuse here regarding the Diary of Anne Frank:

    http://time.com/4113855/anne-frank-diary-co-author/

    1. caffeine addict

      Re: Ah copyright

      Apparently, the original diary was published as written by her with bit added by her father.

      I guess that means you can republish the bits written by her - as long as you can work out which bits they are. Publish a bit he wrote and you're in trouble. I wonder if the foundation can be forced to state which bits were his...

      1. Anonymous Coward
        Anonymous Coward

        Re: Ah copyright

        "Apparently, the original diary was published as written by her with bit added by her father."

        Not according to the Anne Frank foundation. For years they said he had nothing to do with it but was all Anne's own work, however just as it's about to go out of copyright and all those gravy train trustees are about to lose their phoney jobs they suddenly do a volte-face.

        Don't know what they are worried about as they can always find new jobs running chugger charities.

        1. caffeine addict

          Re: Ah copyright

          The infallible Wikipedia makes it clear that the diary was reworked, rewritten and edited by her father. I guess it comes down to how much he's accepted as being an editor and how much as a creator... :/

          1. Anonymous Coward
            Anonymous Coward

            Re: Ah copyright

            "The infallible Wikipedia makes it clear that the diary was reworked, rewritten"

            I wonder what the IP addresses is of whoever edited the whackymedia page, Swiss perhaps ?

            The only media organisation that you could ever rely on was "Brass Eye"

  3. Anonymous Coward
    Anonymous Coward

    Don't count your chickens just yet...

    "So I’m happy to report that hyperlinking without permission is not about to be made illegal, and many reports that are likely to surface in the following weeks are exaggerated."

    It will depend on how vague the wording is. All it will take is for some numpty Judge who doesn't understand the implications to rule otherwise and then it will be in case law until a higher court rules differently or the EU Commission changes it.

    1. Tom 13
      Unhappy

      Re: Don't count your chickens just yet...

      Or it could all be sunk by some numpty Judge who DOES understand the implications.

  4. Anonymous Coward
    Coat

    It depends...

    If they're going to make automatic content aggregation illegal... fine by me...

    BUT if they would make it illegal to MANUALLY collect the data, re-package it and present it as something new then well... bye bye Fark.com...

  5. Doctor Syntax Silver badge

    If companies choose to put stuff on the web without understanding how it works then they've got nobody to blame but themselves.

  6. Pen-y-gors

    Hyperlink != content

    This is mild gibberish

    A hyperlink to an article is not copyright infringement.

    Reproducing a chunk of an article on your own site, with a hyperlink to the full original is a different matter, and seems to be what we're talking about here.

    1. Anonymous Coward
      Anonymous Coward

      Re: Hyperlink != content

      I fully agree with your comment, so have an up-vote.

      Unfortunately a minority of "copyright" holders want to disagree, and I suspect they are passing wads of cash to the Eurocrats in order to buy an appropriate law.

      Welcome to Euro-democracy.

      1. Tony Paulazzo

        Re: Hyperlink != content

        Welcome to Euro-democracy

        So, same as American, British & Australian democracy?

        Course, Google is not going to like this, and they have deep pockets... Never in my life did I think I'd be cheering on a monolithic, faceless corporation, but, 'Yay, go Google...'

    2. Mage Silver badge

      Re: Hyperlink != content

      Yes, but iFraming or scraping other sites content is a violation of EXISTING Berne Convention copyright law.

      Links, with perhaps a paragraph of text = OK.

      Actual building a site from other people's content = BAD

    3. scrubber

      Re: Hyperlink != content

      Hyperlinking is to copyright infringement as google maps is to burglary.

  7. John Savard

    Possibilities

    Google News places quoted text from the articles it links to on its own web page. Are they brief enough to constitute "fair use"? Particularly if people may become informed of news events without clicking through to the actual article. So there are two sides to that issue, even if, on balance, most people find Google News very useful.

    Also, it is commonly considered an abuse to place an image from another site on one's web page even through use of a link instead of by copying it. Many sites already use technical means to prevent this.

    So there is room to use copyright law legitimately to restrict some practices without banning the normal use of hyperlinks to direct people to other web pages.

    1. Indolent Wretch

      Re: Possibilities

      >> Particularly if people may become informed of news events without clicking through to the actual article...

      Well that's just dumb though, If I can't get some idea of the news event at the other end of the link I'm not gonna click. The same holds true with a thumbnail of a photo.

      The question is a simple one, do publishers want search engines and aggregators to drive traffic to their websites or not?

      If they don't they can stop it already.

      This is the EU seeing what happened in Spain and Germany being hugely annoyed that Google were shown to be right and deciding to level the playing field by making everyone have an equally useless service. Woohoo

  8. AndyS

    What?

    "The worst-case scenario would be for the wrong approach adopted in Spain and Germany to become the blueprint applied to the rest of the EU under the pretence of harmonisation"

    How would this be the worst-case scenario? Google would be hard pressed to stop using sources from all EU publishers, and may actually have to pay the charge proposed.

    We could debate whether or not there should be a charge, but this is the fundamental difference between unilateral and multilateral action, and the author's conclusion is badly flawed.

  9. Anonymous Coward
    Anonymous Coward

    Digital IP is an oxymoron

    Once IP is digitized, you better find some other way to monetize your IP.

    Musicians now monetize the hell out of selling concert tickets.

    AAA games get most of their monitization via online subscriptions, not selling boxes.

    The very act of digitizing IP is to communicate it in full to anyone with an Internet connection.

  10. Anonymous Coward
    Anonymous Coward

    Let's face it, the Pirate Bay only linked to copyrighted stuff and they got hauled over the coals...it's not like they were active in ripping/storing the material. Nowt new here.

    1. Paul Crawford Silver badge

      Yes, Google provides links to copyright material and they also got hauled over the coals!

      What, they didn't? Anything to do with having $B to pay lawyers by any chance?

  11. Anonymous Coward
    Anonymous Coward

    Just a small question re. paying for news..

    I am wondering if this is more about Google's monopoly power than anything else.

    Personally, I do not see it as unreasonable that if one entity produces news, another entity (which, after all, did not spend any resources creating that news) only gets to use, say, a headline without being asked to share in the costs or share in the profit they derive from the news they basically stole.

    In shorter form, doing a Huffington Post should be made to benefit those who create the content in the first place, who then have the choice of sharing. That is really what copyright is about, no?

    Instead, we have a single source supplier of interest (Google), who, for lack of credible competition, can force things that are contrary to law and intent. That does not show a flaw in the approach to copyright, but in managing a monopoly that has become so powerful it can rewrite the rules without being part of the electorate.

    Or have I missed something here?

  12. Mpeler
    Big Brother

    More about control than copyright

    This isn't so much about copy protection and copyright as it is about controlling what you can see and use.

    The ultimate propaganda tool.

    What with "smart" meters, the internet of things, geo-location, etc., etc. we might as well be walking around starkers in glass houses.

    Before long, that'll be all we can afford.

    I'm grumpy too. Electricity rates went up yet again, thanks to a non-existent problem that's netting the "good" folks in Brussels a lot of cash they don't deserve. Imagine the icon of Big Brother with singed edges and burn spots.....

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