Archive of UserLand's first discussion group, started October 5, 1998.

Re: New Third Voice version out

Author:Samuel Reynolds
Posted:9/15/1999; 4:52:28 PM
Topic:New Third Voice version out
Msg #:11097 (In response to 11014)
Prev/Next:11096 / 11098

Let me see if I've got this straight.

Someone directs a request for your content through their server, where they add material to it that you may or may not approve of, without asking your permission. They then return this *modified* material to the requester.

If their server is on their own domain, they are obviously creating a derivative work without permission--which violates your copyright to the material.

How is it any different when, instead of providing a public link via their own site, they install a proxy server to make the *same set of changes* to the page on a number of individual users' local machines? The user still sees *the same modified material*. For all practical purposes, the third party (in this case, Third Voice) is *publishing* a *derivative work*. Furthermore, Third Voice gains (in reputation) from the derivative work--another no-no.

The fact that the users who see the modified page had a choice in which to view is irrelevant. Just because one can choose to read the original publisher's edition of a book instead of a xerox-pirated reproduction of it doesn't make the pirate copy any less illegal.

If, on the other hand, I do the same thing locally, but do not make the modified material widely available to others, it looks like fair use to me.

- Sam

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