Friday, December 14 2001

N.Y. Times : " The court began by observing that a hyperlink is not merely a high-tech footnote

or reference card that conveys information to a reader concerning the location of additional content. Rather, the court said, a hyperlink contains a speech component and an additional "nonspeech" component -- some computer code -- that has the functional capacity to bring the content of the linked Web page to the user's computer screen at the click of a mouse. It is this instantaneous, functional nature of the hyperlink that distinguishes it from its non-electronic print cousin, said the court, because a hyperlink to digital material can result in "instantaneous worldwide distribution [of prohibited material] before any preventative measures can be taken." Because the D.M.C.A.'s anti-trafficking provision is targeted at the functional, instantaneous aspect of Corley's hyperlinks, continued the court, the regulation is "content neutral" and thus is subject to a relaxed level of judicial scrutiny." Meanwhile, the other Aaron (permalinks, gentlemen? :-) asks : I wonder what the court would say if I came out with a browser that linked every instance of the word "the" to the DeCSS source code?. Isn't that what we all tied our panties in a knot over when Microsoft announced Smart Tags ?

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Cory Doctorow : Yours is a Very Bad Hotel

thank jessamyn

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