Judge: Links Without Copyright Holders Permission Unlawful

DALLAS — In an unusual decision, U.S. District Court Judge Sam Lindsay granted a preliminary injunction against a man who operated Supercrosslive.com, saying that links between that site and live webcasts of motorcycle racing events made without the copyright holders permission were unlawful.

Robert Davis, who represented himself, failed to convince Lindsay that his racing site was not operating in violation of intellectual property laws by linking to webcasts copyrighted by the plaintiff — SFX Motor Sports.

SFX sued Davis is February, arguing that fans who go to its website see names and logos of sponsors, but users who access content via Davis’ link cannot see the logos of the companies that paid to advertise.

“The link Davis provides on his website is not a ‘fair use’ of copyright material,” Lindsay said.

The question of links and copyright laws has is not a new one, CNET News writer Declan McCullagh said.

In 2001, a federal appeals court ruled that a news organization could be barred from linking to software deemed illegal under the Digital Millennium Copyright Act because it could decrypt DVDs.

In 2000, a federal judge in California ruled that hyperlinks were permissible in a dispute between Ticketmaster and Tickets.com. That judge said hyperlinks were not in and of themselves violations of copyright law.

In the dispute between Davis and SFX, Lindsay appears to be the first judge to weigh in on whether links to webcasts violate copyright law, McCullagh said.

“SFX will likely suffer immediate and irreparable harm when the new racing season begins in mid-December 2006 if Davis is not enjoined from posting links to the live racing webcasts,” Lindsay said. “The court agrees that if Davis is not enjoined from providing unauthorized webcast links on his website, SFX will lose its ability to sell sponsorships or advertisement on the basis that it is the exclusive source of the webcasts, and such loss will cause irreparable harm.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Scalia and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

Skinfluential Management's FansFuel Acquires Fanwire

FansFuel has acquired creator account management tool Fanwire.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Show More