Le samedi 06 octobre 2012 à 11:01 +0200, Michiel de Jong a écrit :
> ok, i got a reply from them, what this is about is travel websites
> that have 'accomodation search' linking to couchsurfing. they don't
> want that to happen. they will not use this clause against you if you
> just blog about them.
We should not get fooled. This is not what the clause says. This
interpretation is not binding and seems like just an excuse for terms of
> i guess this is about deeplinking to specific offers and/or iframing
> couchsurfing's content in a context, not about linking to the
> couchsurfing home page i think.
The clause says linking, right? Is there a definition of linking
anywhere? If not, then assume it's the standard definition of linking,
i.e. to write somewhere on the web a <a
> i think a couchsurfing offer is not a historical or newsworthy fact,
> and i think this exposes the absurdity of web 2.0, where publishing
> tools claim copyright over user content.
> i guess they can prohibit other sites from quoting copyrighted
> information only if they are the owners/authors, right?
No because quoting text is covered by the exceptions to copyright law
(or fair use in the US).
> if they only
> get a non-exclusive license to user content, then how can they have
> anything to say over others displaying it?
> can you prohibit other sites from deeplinking to specific search
> results on your site?
> i think there was a similar case where google was displaying tweets
> from twitter as 'real time results' on their search results page, and
> iirc, twitter was able to stop them from doing that.
IIRC there was an agreement between google and twitter, then they didn't
pursue it. But I think seriously this issue is getting too far. We're
trying to make assumptions, whereas if you read the clause in question,
it's rather simple and stupid. There was actually a website making fun
of all these silly clauses forbidding people to make links.
I propose, if we summarise this point, to write a title like:
Absurd: they claim the right to forbid you to link to them
or something like this.
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