From the
"Future of Copyright" blog:
Yesterday, the Court of Amsterdam decided that publishing hyperlinks to
copyrighted content is, under certain circumstances, a copyright
infringement. It’s a pioneering decision, as it is the first time that a
Dutch court rules in proceedings on the merits that hyperlinks can
constitute a breach of copyright and formulates clear criteria in order
to test if the circumstances of a case lead to an actual infringement.
...
The court considered if the publishing of the hyperlinks by GeenStijl.nl
constituted a publication (Dutch: ‘openbaarmaking’) as defined in
article 12 of the Dutch Copyright Act. In principle, placing a hyperlink
on a website is not a publication, unless three criteria are met: there
must be an intervention, a new audience and profit.
Publishing hyperlinks in the Netherlands might constitute publication, whilst doing the same / similar in the UK might constitute authorising infringement?
