<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: &#8220;Don&#8217;t Confuse Me With The Facts&#8221;: Image Linking and Distribution</title>
	<atom:link href="http://regex.info/blog/2008-08-06/900/feed" rel="self" type="application/rss+xml" />
	<link>http://regex.info/blog/2008-08-06/900</link>
	<description>Not a photo blog. A personal blog with photos.</description>
	<lastBuildDate>Wed, 23 May 2012 04:11:49 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.2</generator>
	<item>
		<title>By: MyName</title>
		<link>http://regex.info/blog/2008-08-06/900#comment-21707</link>
		<dc:creator>MyName</dc:creator>
		<pubDate>Mon, 29 Sep 2008 07:29:24 +0000</pubDate>
		<guid isPermaLink="false">http://regex.info/blog/2008-08-06/900#comment-21707</guid>
		<description>I&#039;m not a lawyer, I&#039;m not even good in English, but I  &lt;i&gt;feel&lt;/i&gt; that hotlinking is copyright infringment. Jeffrey is right that he and Shangara knows that the hotlinked image is not served from Shangara&#039;s host and not even embedded really in his page. I know it as well. But there are millions of people (well educated, but not perfect in html) who thinks that Shangara is a brilliant photographer, just look at his site, which is full of really good photos.
And to make it from a different point: if someone (maybe Shangara) prints the website with hotlinked image (and probably sells it), is it infringment? Is it the same &quot;document&quot; as the webpage?
Which counts: the intent to mislead people or the wires the data is arriving in?
Actually, I also &lt;i&gt;feel&lt;/i&gt; that a correct textual reference (note, caption, something that is readable near the image) of the source of the hotlinked image could make it legal.</description>
		<content:encoded><![CDATA[<p>I&#8217;m not a lawyer, I&#8217;m not even good in English, but I  <i>feel</i> that hotlinking is copyright infringment. Jeffrey is right that he and Shangara knows that the hotlinked image is not served from Shangara&#8217;s host and not even embedded really in his page. I know it as well. But there are millions of people (well educated, but not perfect in html) who thinks that Shangara is a brilliant photographer, just look at his site, which is full of really good photos.<br />
And to make it from a different point: if someone (maybe Shangara) prints the website with hotlinked image (and probably sells it), is it infringment? Is it the same &#8220;document&#8221; as the webpage?<br />
Which counts: the intent to mislead people or the wires the data is arriving in?<br />
Actually, I also <i>feel</i> that a correct textual reference (note, caption, something that is readable near the image) of the source of the hotlinked image could make it legal.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Andrew S</title>
		<link>http://regex.info/blog/2008-08-06/900#comment-19439</link>
		<dc:creator>Andrew S</dc:creator>
		<pubDate>Sat, 16 Aug 2008 02:47:10 +0000</pubDate>
		<guid isPermaLink="false">http://regex.info/blog/2008-08-06/900#comment-19439</guid>
		<description>As far as I know, this still falls within a legal grey area, as does most of copyright law. For example, if a site provides a bunch of links to pirated software, they can be prosecuted for contributing to copyright infringement. However, most cases have found that the web is inherently a medium designed for linking. This case is made stronger by all the ways that a server owner can prevent images from easily being linked to (referrer checks, making the image url short-lived, authentication).

Any argument about reproduction is also pretty silly. By putting an image on the web, you must expect it to be reproduced. It gets downloaded and stored on people&#039;s computers.</description>
		<content:encoded><![CDATA[<p>As far as I know, this still falls within a legal grey area, as does most of copyright law. For example, if a site provides a bunch of links to pirated software, they can be prosecuted for contributing to copyright infringement. However, most cases have found that the web is inherently a medium designed for linking. This case is made stronger by all the ways that a server owner can prevent images from easily being linked to (referrer checks, making the image url short-lived, authentication).</p>
<p>Any argument about reproduction is also pretty silly. By putting an image on the web, you must expect it to be reproduced. It gets downloaded and stored on people&#8217;s computers.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mark</title>
		<link>http://regex.info/blog/2008-08-06/900#comment-19218</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Thu, 07 Aug 2008 18:33:15 +0000</pubDate>
		<guid isPermaLink="false">http://regex.info/blog/2008-08-06/900#comment-19218</guid>
		<description>@Shangara Singh - As Jeff has pointed out, on the dummy webpage you created the image itself hasn&#039;t actually been copied.  The image still resides on his server and is being served by his web provider.  

In my mind, the only way you&#039;re infringing on his copyright is to claim that you took the image in question.  You didn&#039;t do this.

Frankly, I really feel that images from outside sources should be properly credited with a proper link to the originating page.  Do I feel that this is legally necessary?  No. Not in all cases.  Personally, I would credit the creator as I would wish to be credited -- &quot;that whole do onto others&quot; thing.

I&#039;ll end it here.</description>
		<content:encoded><![CDATA[<p>@Shangara Singh &#8211; As Jeff has pointed out, on the dummy webpage you created the image itself hasn&#8217;t actually been copied.  The image still resides on his server and is being served by his web provider.  </p>
<p>In my mind, the only way you&#8217;re infringing on his copyright is to claim that you took the image in question.  You didn&#8217;t do this.</p>
<p>Frankly, I really feel that images from outside sources should be properly credited with a proper link to the originating page.  Do I feel that this is legally necessary?  No. Not in all cases.  Personally, I would credit the creator as I would wish to be credited &#8212; &#8220;that whole do onto others&#8221; thing.</p>
<p>I&#8217;ll end it here.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Shangara Singh</title>
		<link>http://regex.info/blog/2008-08-06/900#comment-19212</link>
		<dc:creator>Shangara Singh</dc:creator>
		<pubDate>Thu, 07 Aug 2008 11:00:32 +0000</pubDate>
		<guid isPermaLink="false">http://regex.info/blog/2008-08-06/900#comment-19212</guid>
		<description>&quot;You are suggesting copyright infringement can’t happen if hotlinking is not taking place, that is, that hotlinking is the only way one can infringe on copyrights. That seems pretty silly.&quot;

Not sure how you came to that conclusion.

&lt;span class=&#039;jfriedl&#039;&gt;Because that&#039;s what you said. You said, essentially, &quot;she didn&#039;t hotlink, therefore, she didn&#039;t infringe&quot;.&lt;/span&gt;

 One example clearyly shows infringement and the other doesn&#039;t. 

&lt;span class=&#039;jfriedl&#039;&gt;Clearly, it would not be subject to discussion if it was so clear.&lt;/span&gt;

The reality is hotlinking that &quot;embeds&quot; the image in a page permanently is copyright infringement while simply referencing it, as you did in your example and Caroline in her article, so that it appears as a hypertext link only, is NOT copyright infringement.

&lt;span class=&#039;jfriedl&#039;&gt;You put &quot;embeds&quot; into quotes, so you &lt;i&gt;seem&lt;/i&gt; to know that it doesn&#039;t &lt;i&gt;actually&lt;/i&gt; embed an image, yet you base your entire position on the belief that it does. That just makes no sense.&lt;/span&gt;

&quot;To be clear, it’s my opinion that hotlinking is not copyright infringement, but the main point I intend to present in my post is that it’s fact that hotlinking is not “reproducing an image”.&quot;

Not sure how you are squaring that circle either. I gave you an example of a hotlink that clearly infringed your copyright. No sane court would say I did NOT reproduce your image in my dummy website (how it&#039;s done technically is neither here nor there. The fact is I DID reproduce your image without your consent by hotlinking). 

&lt;span class=&#039;jfriedl&#039;&gt;I&#039;ll end the discussion here because you clearly don&#039;t understand what&#039;s going on, or if you do, choose to ignore it. I looked at what you had  on that page, and my image wasn&#039;t there. &lt;b&gt;You did not reproduce my image.&lt;/b&gt; If you created that page, you know this... you know that you did not copy the file into the page, and that the server under your control did not send that image to me. You know this, yet you claim otherwise. Goodbye.&lt;/span&gt;
</description>
		<content:encoded><![CDATA[<p>&#8220;You are suggesting copyright infringement can’t happen if hotlinking is not taking place, that is, that hotlinking is the only way one can infringe on copyrights. That seems pretty silly.&#8221;</p>
<p>Not sure how you came to that conclusion.</p>
<p><span class='jfriedl'>Because that&#8217;s what you said. You said, essentially, &#8220;she didn&#8217;t hotlink, therefore, she didn&#8217;t infringe&#8221;.</span></p>
<p> One example clearyly shows infringement and the other doesn&#8217;t. </p>
<p><span class='jfriedl'>Clearly, it would not be subject to discussion if it was so clear.</span></p>
<p>The reality is hotlinking that &#8220;embeds&#8221; the image in a page permanently is copyright infringement while simply referencing it, as you did in your example and Caroline in her article, so that it appears as a hypertext link only, is NOT copyright infringement.</p>
<p><span class='jfriedl'>You put &#8220;embeds&#8221; into quotes, so you <i>seem</i> to know that it doesn&#8217;t <i>actually</i> embed an image, yet you base your entire position on the belief that it does. That just makes no sense.</span></p>
<p>&#8220;To be clear, it’s my opinion that hotlinking is not copyright infringement, but the main point I intend to present in my post is that it’s fact that hotlinking is not “reproducing an image”.&#8221;</p>
<p>Not sure how you are squaring that circle either. I gave you an example of a hotlink that clearly infringed your copyright. No sane court would say I did NOT reproduce your image in my dummy website (how it&#8217;s done technically is neither here nor there. The fact is I DID reproduce your image without your consent by hotlinking). </p>
<p><span class='jfriedl'>I&#8217;ll end the discussion here because you clearly don&#8217;t understand what&#8217;s going on, or if you do, choose to ignore it. I looked at what you had  on that page, and my image wasn&#8217;t there. <b>You did not reproduce my image.</b> If you created that page, you know this&#8230; you know that you did not copy the file into the page, and that the server under your control did not send that image to me. You know this, yet you claim otherwise. Goodbye.</span></p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Keith</title>
		<link>http://regex.info/blog/2008-08-06/900#comment-19198</link>
		<dc:creator>Keith</dc:creator>
		<pubDate>Wed, 06 Aug 2008 14:52:29 +0000</pubDate>
		<guid isPermaLink="false">http://regex.info/blog/2008-08-06/900#comment-19198</guid>
		<description>Great post.  My understanding of &quot;hotlinking&quot; was that you actually put the image on your webpage (Using the  tag) so that it displayed on your page, forcing the location&#039;s host to serve up the data.  To the viewer, the source of the image is not at all obvious unless they actively look so see where the image is hosted.  I didn&#039;t realize that just putting a link to the image was considered the same thing by some.

&lt;div class=&#039;jfriedl&#039;&gt;&lt;p&gt;It is the same on a technical level, in that in both cases it&#039;s just a passive reference to an image&#039;s location. Depending on what kind of web browser you apply those references to, the user experience could be the same for both, but commonly, they do result in a very different user experience. That difference leads to different emotions. If you don&#039;t understand what&#039;s going on, an embedded image reference certainly &lt;i&gt;feels&lt;/i&gt; as if the image itself has actually been included, but that doesn&#039;t make it so.&lt;/p&gt;&lt;p&gt;To be clear, it&#039;s my &lt;i&gt;opinion&lt;/i&gt; that hotlinking is not copyright infringement, but the main point I intend to present in my post is that it&#039;s &lt;i&gt;fact&lt;/i&gt; that hotlinking is not &quot;reproducing an image&quot;.  I doubt that my opinion carries much weight with a court, but the facts should. I would suspect that any finding by a court that hotlinking &#8211; referring to the address of an image &#8211; is copyright infringement would be met with a First-Amendment rebuttal, but I&#039;ll leave that kind of talk to the lawyers... &#8212;Jeffrey&lt;/p&gt;&lt;/div&gt;</description>
		<content:encoded><![CDATA[<p>Great post.  My understanding of &#8220;hotlinking&#8221; was that you actually put the image on your webpage (Using the  tag) so that it displayed on your page, forcing the location&#8217;s host to serve up the data.  To the viewer, the source of the image is not at all obvious unless they actively look so see where the image is hosted.  I didn&#8217;t realize that just putting a link to the image was considered the same thing by some.</p>
<div class='jfriedl'>
<p>It is the same on a technical level, in that in both cases it&#8217;s just a passive reference to an image&#8217;s location. Depending on what kind of web browser you apply those references to, the user experience could be the same for both, but commonly, they do result in a very different user experience. That difference leads to different emotions. If you don&#8217;t understand what&#8217;s going on, an embedded image reference certainly <i>feels</i> as if the image itself has actually been included, but that doesn&#8217;t make it so.</p>
<p>To be clear, it&#8217;s my <i>opinion</i> that hotlinking is not copyright infringement, but the main point I intend to present in my post is that it&#8217;s <i>fact</i> that hotlinking is not &#8220;reproducing an image&#8221;.  I doubt that my opinion carries much weight with a court, but the facts should. I would suspect that any finding by a court that hotlinking &ndash; referring to the address of an image &ndash; is copyright infringement would be met with a First-Amendment rebuttal, but I&#8217;ll leave that kind of talk to the lawyers&#8230; &mdash;Jeffrey</p>
</div>
]]></content:encoded>
	</item>
	<item>
		<title>By: Shangara Singh</title>
		<link>http://regex.info/blog/2008-08-06/900#comment-19192</link>
		<dc:creator>Shangara Singh</dc:creator>
		<pubDate>Wed, 06 Aug 2008 08:43:27 +0000</pubDate>
		<guid isPermaLink="false">http://regex.info/blog/2008-08-06/900#comment-19192</guid>
		<description>I think you are mistaken about what constitutes a hotlink and what constitutes a link.

&lt;span class=&#039;jfriedl&#039;&gt;A hotlink, like a regular link, like the textual representation of a link, are all just sequences of characters. The only difference is where they show up on a web page. My description of hotlinks is accurate, so clearly I know what they are. I gave examples using textual representations and &quot;normal&quot; links to highlight the ludicrousness of considering them to be images in and of themselves.&lt;/span&gt;

 Here is an illustration: http://mpxstockimages.com/hotlinking.htm

You give examples of a link only, not a hotlink. Carolyn is correct (she always is!). You are not when you accuse her of infringing your copyright. I looked at the article and did NOT see your image embedded in the article. 

&lt;span class=&#039;jfriedl&#039;&gt;You are suggesting copyright infringement can&#039;t happen if hotlinking is not taking place, that is, that hotlinking is the only way one can infringe on copyrights. That seems pretty silly.&lt;/span&gt;

Search engines, I believe, are allowed to store images on their servers and to &quot;hotlink&quot;  for the purposes of cataloguing only.

&lt;span class=&#039;jfriedl&#039;&gt;I don&#039;t know why you bring up search engines, but are you suggesting that they have some moral or legal exemption? &lt;/span&gt;

Hope this helps.

&lt;span class=&#039;jfriedl&#039;&gt;Not at all.  &#8212;Jeffrey&lt;/span&gt;

If it does, I would revise the article -- before you get sued!</description>
		<content:encoded><![CDATA[<p>I think you are mistaken about what constitutes a hotlink and what constitutes a link.</p>
<p><span class='jfriedl'>A hotlink, like a regular link, like the textual representation of a link, are all just sequences of characters. The only difference is where they show up on a web page. My description of hotlinks is accurate, so clearly I know what they are. I gave examples using textual representations and &#8220;normal&#8221; links to highlight the ludicrousness of considering them to be images in and of themselves.</span></p>
<p> Here is an illustration: <a href="http://mpxstockimages.com/hotlinking.htm" rel="nofollow">http://mpxstockimages.com/hotlinking.htm</a></p>
<p>You give examples of a link only, not a hotlink. Carolyn is correct (she always is!). You are not when you accuse her of infringing your copyright. I looked at the article and did NOT see your image embedded in the article. </p>
<p><span class='jfriedl'>You are suggesting copyright infringement can&#8217;t happen if hotlinking is not taking place, that is, that hotlinking is the only way one can infringe on copyrights. That seems pretty silly.</span></p>
<p>Search engines, I believe, are allowed to store images on their servers and to &#8220;hotlink&#8221;  for the purposes of cataloguing only.</p>
<p><span class='jfriedl'>I don&#8217;t know why you bring up search engines, but are you suggesting that they have some moral or legal exemption? </span></p>
<p>Hope this helps.</p>
<p><span class='jfriedl'>Not at all.  &mdash;Jeffrey</span></p>
<p>If it does, I would revise the article &#8212; before you get sued!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mark</title>
		<link>http://regex.info/blog/2008-08-06/900#comment-19182</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Wed, 06 Aug 2008 00:08:20 +0000</pubDate>
		<guid isPermaLink="false">http://regex.info/blog/2008-08-06/900#comment-19182</guid>
		<description>Well said!  

If she&#039;s so against hotlinking to images, how then does she justify the legality Google Image Search (actually, she links to an article on how to remove images from this service)?  While this service cites where the image comes from, it actually displays the image to the user for them to right click on and download.  It&#039;s one thing to steal bandwidth and content from another site and not give credit.  But I cannot fathom how hotlinking itself can be considered illegal.

While I have read Carolyn&#039;s website from time to time, I have always had a problem with her format.  She sometimes posts great information, but then does not have any way for readers to comment or discuss the topic at hand.

&lt;span class=&#039;jfriedl&#039;&gt;I&#039;ve felt the same frustration from time to time about the inability to comment, but I understand why she might not want to host those discussions. I feel the same about &lt;a href=&#039;http://sethgodin.typepad.com/seths_blog/&#039; rel=&quot;nofollow&quot;&gt;Seth Godin&#039;s amazing blog&lt;/a&gt;: the rare time that I feel I can actually add to something he&#039;s said, I have no easy outlet in which to do so.  I understand, though, that not everyone wants to host an interactive discussion, and I respect that. &#8212;Jeffrey&lt;/span&gt;</description>
		<content:encoded><![CDATA[<p>Well said!  </p>
<p>If she&#8217;s so against hotlinking to images, how then does she justify the legality Google Image Search (actually, she links to an article on how to remove images from this service)?  While this service cites where the image comes from, it actually displays the image to the user for them to right click on and download.  It&#8217;s one thing to steal bandwidth and content from another site and not give credit.  But I cannot fathom how hotlinking itself can be considered illegal.</p>
<p>While I have read Carolyn&#8217;s website from time to time, I have always had a problem with her format.  She sometimes posts great information, but then does not have any way for readers to comment or discuss the topic at hand.</p>
<p><span class='jfriedl'>I&#8217;ve felt the same frustration from time to time about the inability to comment, but I understand why she might not want to host those discussions. I feel the same about <a href='http://sethgodin.typepad.com/seths_blog/' rel="nofollow">Seth Godin&#8217;s amazing blog</a>: the rare time that I feel I can actually add to something he&#8217;s said, I have no easy outlet in which to do so.  I understand, though, that not everyone wants to host an interactive discussion, and I respect that. &mdash;Jeffrey</span></p>
]]></content:encoded>
	</item>
</channel>
</rss>

