I sent this out last night, leaving the Cypherpunks distribution as "cypherpunks@einstein.ssz.com." Alas, it does not seem to have propagated to my site. So here it is:
Date: Tue, 3 Jun 1997 19:09:30 -0700 To: Jim Choate <ravage@einstein.ssz.com>, cypherpunks@einstein.ssz.com (Cypherpunks Distributed Remailer) From: Tim May <tcmay@got.net> Subject: Re: Hacker Links page (fwd) Cc: Bcc: X-Attachments:
When I was on the Cyberial-l list, for lawyers and others interested in cyberspace law issues, this issues of URLs being infringements came up a couple of times.
I think the answer is very clear: nobody needs permission of others to print URLs.
URLs are like footnotes. They are not actually links or tunnels of any sort. They are just like "machine readable footnotes." If I refer a reader to "Applied Cryptography," either by citing the book title and ISBN numer, I do not need the permission of Bruce Schnier to cite this information. No copyright law has ever been held to apply to the recitation of such cites.
A URL is just an address, much like a ISBN number.
In modern browsers, clicking on such a URL may be perceived as "taking you there," and in some sense it does. But what the clicking really does is to invoke the commands needed to send stuff to the address specified in a URL and ask that site to send some stuff back.
Jim and others know this, of course, so I am not lecturing them. Rather, I am framing the debate in terms that copyright lawyers will surely understand.
Now, it may be true that Don Lancaster has decided, for example, that he doesn't "like" the association of his URL with "hacker" topics. Too bad.
It would be no different if Lancaster were to object to Timothy McVeigh providing a reference or footnote to Lancaster's "The TTL Cookbook." Even if McVeigh were to say he found the "TTL Cookbook" essential for building bomb timers. (Not that far-fetched, actually.)
"Fair use" extends to even including chunks of another's writing for purposes of comment, critique, agreement, discussion, etc. It clearly then applies to cites of the author's books.
And more than just "fair use," citing the influence of others and saying where more information can be found is the essence of free speech.
(Which means I have the feeling Electronic Frontiers Georgia may be entering the case on the side of Lancaster!)
And Lancaster's choice to make his URL publically accessible means that anyone can click on it. Open and shut.
--Tim May
There's something wrong when I'm a felon under an increasing number of laws. Only one response to the key grabbers is warranted: "Death to Tyrants!" ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^1398269 | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."