Linking to sites that infringe on copyright.

[Kiwifruit]

As we all know, we are forbidden to host videos or post links to videos of underage people in a fetish context on this site. Yet we are allowed to provide links to illegal uploads of movies, TV shows, images or sites where these are hosted. There are fair use acts etc, but couldn't this be challenged under copyright infringement distribution laws, especially when linking to something clearly against copyright - not just a clip, but an entire movie or scan of a comic page. I'm wondering why we have this double standard - no linking to illegal under-18 "porn", but sure, go ahead, link to that illegal upload of a movie. We do have a rule in the constitution saying, "The proliferation or promotion of any illegal activities as defined under United Kingdom or United States law is not permitted. Additionally, you are expected to be acting in accordance with any local laws that may apply. Further, you must abide by the moral foundations of the law and act within the spirit of the law." But this doesn't appear to be enforced in regards to copyright laws. Most forums I've seen forbid these sort of links because of legal issues and copyright, so I figure there's got to be a foundation for those sort of rules somewhere.

Just curious about the staff's reasoning behind this or if I'm missing something in the horrendously complicated laws about such things

[Vetinari]

This is my personal reasoning as a member of staff, rather than an official staff position but I will explain why I am happy to enforce the rules as they stand.

We do not allow on this forum direct copyright infringements. If members post such material, if we see it, it will be removed.

As far as I am concerned, if other sites allow such copyrighted material, that is their responsibility.

We allow links to all kinds of sites. If copyrighted material is available and our members can find it of their own accord then I can see no real harm resulting in linking to it. I do not believe that linking to such material is illegal in itself and I do not consider that the posting of such links is likely to cause harm to any member.

The rule you quote is, as far as I am aware, mostly used to prevent members from posting details which might encourage other members into activities which would endanger them, or to prevent members from activities that might bring the forum into ill-repute. So posting that you have taken illegal drugs and they were wonderful and that everyone should try them is likely to get you a warning for example. Posting a thread requesting that others perform or help you with a illegal activity is also unacceptable.

As you will realise in real life, people do not regard all laws as equal. People break speed limits all the time and (rightly or wrongly) most people don't see that activity as particularly amoral. Similarly minor tax-dodging or stealing the office stationery is seen in many places as being normal behaviour, despite its illegality. In my experience, most people would regard the breaking of copyright laws on the internet in a similar light. The law often regards these things more lightly as well. You may feel it is a double standard, however it is one that is widely accepted in society in general, not just on this forum.

We do not allow links to media of underage sneezing. This is in some cases to protect some of our younger members, some of whom are perhaps less aware of the dangers in which they might put themselves by revealing too much information, and in part to protect the forum and its wider membership from allegations of encouraging paedophile-type behaviour. I am fully aware that the likelihood of such investigation is small, however as a member of staff, I believe that should the site be investigated, we can state that we have taken such measures as we reasonably can to ensure safety and discourage use that we see as inappropriate.

[Lynne]

To simplify what vet said, we don't HOST copyrighted material on our site. That's against the law. However, linking to copyrighted material found ELSEWHERE on the internet is NOT against the law.

The under 18 rules are for completely different reasons and we won't get into that lengthy (and painful) debate again.

[Kiwifruit]

Okay, thanks