The internet is built around the loose mesh of hyperlinks. But the results of a long-running Australian case could put that in jeopardy. The Sydney Morning Herald reported today that MP3 blogger, mp3s4free.net, was found to have infringed copyright by linking to pirated material.
The result raises all sorts of questions. And not just for MP3 bloggers, the suggestion that linking to copyright material is illegal, could affect search engines and a wide range of websites.
Even more concerning is the fact that the internet service provider, Com-Cen was also named in the case. The SMH says, “the court found that the companies, director and staff member had had the power to stop the infringement and did not do so, and so had also infringed copyright.”
The case was brought by 31 applicants, including multinational music labels Universal Music Australia, EMI Music Australia, Sony Music Entertainment (Australia), Warner Music Australia, BMG Australia, and Festival Mushroom Records, who claim that the site cost the music industry hundreds of millions of dollars. It has been running since lawyers acting for the music labels raided the home of Stephen Cooper, operator of mp3sfree.net, and the offices of Cooper’s ISP on October 17 2003, with orders authorising them to seize information on the site and logs of internet users accessing the site.
So, under Australian law, linking to pirated material, not just downloading it, is an infringement of copyright and internet service providers may be held responsible for the activities of sites they host.
This is cross posted at Morph.