VICTORY: Linking is not copyright infringement 

Amid the wave of increasing Internet control is the seemingly ludicrous assertion that merely linking to potentially copyright infringing material is itself copyright infringement. 

DHS has already seized websites based on this loose interpretation.  However, common sense seems to have prevailed in Spain at least, which sets an important precedent in Europe. 

The Electronic Frontier Foundation reports:  "Although this ruling is not directly binding outside Spain it is important because it comes from the influential Barcelona Court of Appeals and clarifies the previous inconsistent Spanish rulings.

Given the fundamental importance of linking to the World Wide Web, we are heartened to see that the Barcelona Appeals Court and the court of first instance understand Internet architecture and the important policy issues this case raises.

We hope other European courts will take a similarly thoughtful approach to these issues going forward."

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