Is it Becoming Illegal to do Anything?

Saturday December 23rdDigital Rights, Hardware Category

I can’t help but feel that over time the world is getting harder to live in. To be a bit more precise, it’s becoming very difficult to do anything at all for fear of putting yourself in the firing line, or on the receiving end of a law suit. Two things that have caught my attention over the last couple of weeks which have really annoyed me. One of them is down to the frustration I feel when people are trying to get something for nothing, and the other is down to annoyance at regulations that are put in place which are just totally ridiculous

The first thing was the news that there’s a class action lawsuit against Nintendo due to the apparently insufficient quality of the straps that hold the Wiimote on the wrist. After I first read this I decided to do a bit of research into the cases where people had lost their grip, snapped the band and witnessed the Wiimote flying through the end and breaking either something expensive, or someone’s face (or both!). In every case, the person’s actions have been incredibly excessive. Sure, the Wiimote no doubt gets you going. It’s easy to get caught up in the moment and let excitement get the better of you. But to swing that controller that hard while expecting it to stay in your hand makes you (the user) a complete tool. Instead of just easing up a little bit and admitting that they’ve gone over the top, the users are now saying that it’s Nintendos fault, and in the classic American tradition, they’re suing.

The second thing that’s got to me is the new Aussie rule that states that you’re no longer allowed to link to copyrighted material. I’m not sure how broad that rule actually is, but it does sound like you could end up with someone suing you for linking to their blog post, their home-made video, or whatever it is that they’ve put online - even if you’ve helped increase the traffic to the site. I’d have sent you a link to the original SMH article, but I wasn’t sure if that was legal. Let’s be honest, if the rule is that broad and you can’t even point people at a newspaper article, the world is going nuts. The original idea of hypertext linking is now being threatened - as you’re no longer allowed to use them! Sure, link to pages in your own site, link to Google, and tell them what to search for. That should be ok. But direct linking looks to be a no-no.

Total and utter crap. The world is going nuts! If we keep going at this rate it’s going to become illegal to do anything other than read emails - and considering the amount of SPAM that’s buzzing around the Internet the value of that doesn’t look too good. We’re going to have to nip this shit in the bud before it goes too far. Not only will it stop the open communication and information sharing mechanism that the world is, but the threat of being sued will prevent people from innovating - that’s not the kind of world I want to live in.

5 Comments

  1. Keef
    January 3, 2007

    No external linking? Bollocks. How the hell are they ever going to enforce that?

    It’s almost as bad as people trying to sue Google for not placing their company high enough in search results.

  2. Keef
    January 13, 2007

    What’s with the little gay icons at the bottom of yer posts OJ?

  3. OJ
    January 13, 2007

    They are links which you can click on to automagically do things like add the blog post to del.icio.us or Digg!.

    There’s a stack of sites out there which aggregate blogs, provide links to similar stories, and list “popular posts” and those buttons let the reader submit the blog post with a single click.

    I put them there in the hope that some people might read what I write and think that it’s good enough to submit, and as time goes by the traffic to the site should increase.

    That’s basically it :)

  4. Gav
    January 24, 2007

    It’s not just down under… http://www.theregister.com/2007/01/23/texas_court_bans_deep_linking/

    Although, to be fair, I can see the the problem with linking directly to an audio file rather than the page it is hosted on. The people using the link wouldn’t get to see the rest of the content on the hosting site and the hosting site will be missing out advertising revenue.

  5. OJ
    January 24, 2007

    The problem isn’t that you’re not allowed to link directly to movies - that’s a bit of a given. If you have some content on your site you’d want the link to be pointed at the “entry point” for that content (whatever that may be).

    The problem I have is with the terms they use. You can’t “link to copyrighted material”. That doesn’t mean it’s just movies - it could be anything. It’s too grey, and hence opens up a world possible law suits.

    What’s to stop some dude whining about the fact that you’ve (unknowingly) linked to his content at the wrong point? He sues, you don’t have a leg to stand on. That is what I have an issue with :)

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