I can see it now... "Advertisements are a form of free speech. Corporations are people too."
If a copyright holder (like Forbes) stipulates that their content is paid for using ads and they won't let you consume it without looking at the ads, then you're neither obligated to or entitled to consume it.
I look forward to seeing that battle play out.
World of Warcraft's Terms of Use prohibited bots. The court found that users who used the Glider bot with WoW were violating the Terms of Use and therefore were not licensed to use WoW in that way. Because users running WoW must copy its content from their hard drives to RAM to run it, the court found that using Glider with WoW constituted copyright infringement.
[1]https://en.wikipedia.org/wiki/MDY_Industries,_LLC_v._Blizzar....
It's a very interesting finding. The appeals court actually did reverse parts of the decision, including the hard-drive-to-RAM argument, ending up in favor of MDY for many of the claims!
But the devil is in the details. Even though MDY wasn't found to be infringing copyright by breaking the covenants of the license agreement against botting (simply copying static code to RAM was not considered sufficient "reproduction" to be infringement)... it was found to violate the DMCA because it was circumventing Blizzard's Warden framework designed to protect access to dynamic server-side materials. MDY therefore had the lower court's "permanent injunction" against doing so upheld.
So if you were to create an ad-blocker detector that detected all current ad-blockers, and required that detector to digitally sign a request for dynamic content, but then someone circumvented that detection by subsequently creating an ad blocker that wasn't detected, would it fall under this precedent and violate the DMCA?
And there's also fuzziness around whether MDY was tortiously interfering ( https://en.wikipedia.org/wiki/Tortious_interference ) with Blizzard's contracts with its subscribers. In this case, it wasn't, because MDY arguably was behaving as a good steward here. For instance, the opinion cites how MDY "enhances some players' experience of the game, including players who might not otherwise play WoW at all." One could see an argument that an ad blocker would encourage more visitors... but if there's no other revenue source other than ads, does the pendulum swing in the opposite direction in favor of the content creator?
Very difficult to tell. Just because Adblock Plus avoided a lawsuit in Germany, and (as the research paper from the OP http://randomwalker.info/publications/ad-blocking-framework-... points out) most ad embeddings today are "trivial" overlays that wouldn't be considered DRM per the DMCA, that doesn't mean that advertisers won't evolve another piece of ammunition in this war.
(I am not a lawyer; the above is not legal advice.)
You might have missed your calling.
That's that hacking tool, right? I think I saw it in the Matrix. It's used by nmap.
Forbes in this case seems to be able to control it to a certain degree anyways.
The law is so vague everyone technically commits a felony every time they load a web page. Did ycombinator give you explicit permission to use this server? No, they did not. If they want you punished for posting this and they can find a friendly district attorney, you're screwed.
I'm old enough to remember when the conventional wisdom was that sharing music on the internet wasn't stealing because nobody was being deprived of physical media. Give Google a few years to lobby and create PSAs and people will being going to jail for creating ad blockers.
As such, publicly accessible websites are, in effect, no less common areas than storefronts.
Of course, there's a way around this; websites could establish 'membership requirements' such as using a browser that does not have an ad blocker enabled; the content for most of the website would require being a member and volunteering to abide by membership rules to access. Violate those rules, and you would risk losing your membership and access to the content, though I seriously doubt grounds could be established for a lawsuit over it.
Did your local supermarket give you explicit permission to walk on to their premises to go shopping? No - they gave you implied licence to enter their premises which is made obvious by the circumstances.
Similarly, a court would almost certainly find that having a web server which is obviously intended to be publicly accessible would result in an implied licence for use of copyrighted material on the site for typical, expected usage of said site.
This decision means that once a work is posted on a
website where it is freely accessible to the public, the
author cannot control how internet users subsequently
access this work. For example, a website owner will not be
able to use copyright law to ensure that users who wish to
access a certain piece of work would have to go via their
homepage, where most of their advertising space may be
located.
> E-books have the same issue. Because the first sale doctrine does not apply to electronic books, libraries cannot freely lend e-books indefinitely after purchase. Instead, electronic book publishers came up with business models to sell the subscriptions to the license of the text. This results in e-book publishers placing restrictions on the number of times an e-book can circulate and/or the amount of time a book is within a collection before a library’s license expires, then the book no longer belongs to them.
Legally, it does get murky in the U.S. That has nothing to do with whether it's right or not, but it does mean it's not "making shit up about what you think makes sense". It's the actual precedent described in the very article you linked.
Then what if the customer gives a copy then delete the original but the OS being windows on the FAT entry is deleted and the data still lives on the drive ?
How would one distinguish between original copy and subsequent copy when they're all identical ?
Last but not least, if you read the fine print when you buy an audio cd, you don't buy the music but a piece of plastic and a license to listen to music the piece of plastic hold. This license forbids you from allowing other people from listening, so if you play the CD on speaker with you window open and someone happens to be walking in the street you are now guilty of an illegal communication to the public of copyrighted content.
I agree. We shouldn't afford any of the rights we do to 'intellectual property' that we do to real property. Your argument is completely derived from that of the intellectual property owners (aka rentiers).
My argument is that innovation and creativity will continue with very minimal intellectual property protections.
Edit: Therefore, intellectual property protections are useless in the intent:
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;…"
6 vs 3 Supreme Court
...that can be regulated:
"After passage of the billboard-regulating Highway Beautification Act of 1965, Vermont moved to ban billboards outright in 1968. All billboards were gone from Vermont by 1974. Vermont is one of four states to have prohibited by law all billboards from view of highway rights-of-way, except for signs on the contiguous property of the business location."
https://en.wikipedia.org/wiki/Politics_of_Vermont#Conservati...
And in the interest of further eludicating those those that are unfamiliar with the nuanced manner in which courts use the term "free speech," I would say:
"That can be regulated, just like all other forms of free speech."
Even protected categories of speech like political speech can be regulated assuming the government interest passes strict scrutiny.
I would imagine that if it was a free speech, then tobacco industry already would have this law thrown out.
Read the first two paragraphs of https://en.wikipedia.org/wiki/Freedom_of_speech_in_the_Unite... ; it also discusses commercial speech.
My question was, wouldn’t this ruling be a basis to challenge the outright Tobacco ad ban?
Before the ban there was still regulation, the ads had to be offset with other content, pro-health etc. Just like with political ads on public airwaves now.
In Canada, for example, the Tobacco ban was successfully challenged in court as violating Freedom of Speech as recently as 1991. Ultimately the ban remained in place because of another backdoor called “peace, order, and good government.”