Posted by Andrew Ward on 07/03/09 1:52 PM Last updated 07/03/09 1:54 PM   [Newer: "Ron Paul Is Right! We Should Audit the Fed"] [Older: Ron Paul, Dr. Popular]

This Wednesday, Dan Kennedy of The Guardian reported on American Judge Richard Posner's suggestion that copyright law be expanded to ban hyperlinking to online content without permission.

Not only would Posner stop online media dead in their tracks, but he would also overturn long-established rules of fair use, which, among others things, allow for the reproduction of short excerpts of copyrighted material for the purposes of commentary, parody and the like - precisely what bloggers and aggregators do all the time.

Kennedy is rightfully alarmed at such a dangerous proposition.  Ideas from influential Judges such as Posner have their way of becoming legal reality.

The thing is, Congress has been known to act with great alacrity on copyright matters when they affect corporate interests. And newspaper owners have been remarkably successful in calling attention to their plight.

Be sure to give some web traffic to Kennedy's post here (while you still can...)

Posted 07/03/09 2:22 PM Philip State College, PA

Perhaps Posner is a little shaken up by the blogger just arrested for threatening to kill him. I quote: “Let me be the first to say this plainly: These judges deserve to be killed. Their blood will replenish the tree of liberty. A small price to pay to assure freedom for millions.” “These judges deserve to be made such an example of as to send a message to the entire judiciary: Obey the Constitution or die.” It was directed at two "celebrity" 7th Circuit Judges, Esaterbrook and Posner. Also a lesser known 7th Circuit judge, Bauer. I believe it was in response to the judges declining to incorprate the 2nd amendment to apply to the states. I'll also note that Posner floats a lot of what may be called "nutty" ideas. He doesn't just make his ideas the law though, he's just engaging in policy discussion.

Posted 07/03/09 7:35 PM Tim B Lutherville, MD

Wait a minute. I have a question. Unless I'm missing something, aren't the media outlets that Posner wants to "protect" the same players that provide RSS links on their websites that bloggers and aggregators use to link to the articles?

Posted 07/03/09 9:25 PM zerostomia Barrington, NJ

"Their blood will replenish the tree of liberty." Now there's a guy who's ready to go all the way. Declining to incorporate the 2nd Amendment to apply to the states? If it doesn't apply to the states, where the hell does it apply to? Washington DC? Yeah, I bet that's what Madison et al had in mind. Guess that makes all the Amendments up for grabs as well. That kind of talk and those kinds of rulings....isn't that a sort of low level treason anyway?

Posted 07/03/09 9:49 PM AuthenticAuthor Canutillo, TX

LOL. Hyperlinking is merely a set of directions to particular host-servers in the internet; banning their use without permission would be like banning the Yellow Pages. Ironically, bloggers everywhere will be linking Posner's blog to their own web-pages, making Posner's blog far more popular than he could had imagined. That sly devil! This is a marketing stunt!

Posted 07/03/09 10:07 PM Philip State College, PA

"If it doesn't apply to the states, where the hell does it apply to?" It applies IN the states but only TO the federal government. The Bill of Rights actually did NOT apply to state governments until after the civil war. The US ratified the 14th amendment and then in the 20th century the Supreme Court used that to "incorporate" the early amendments to apply to state governments. Some of the Mises guys actually think this is wrong and the Bill of Rights still doesn't apply to the states (I think they're dead wrong but it's too involved to get into here). The lower federal courts have been told not to incorporate amendments on their own and to wait for the Supreme Court to do it. The SC has NEVER incorporated the 2nd am. It's thought they will soon (following Heller). I believe the 2nd am applies to the states, but even if you didn't the Illinois (I think it was an Illinois case?) contains it's own "right to bear arms" which absolutely applies to the state.

Posted 07/05/09 09:28 AM Glenn Cumming, GA

Implementing Judge Poser's idea would bring an end to any chance print newspapers have of surviving. He's missing the main reason for hyperlinking - advancing knowledge. For example, right here on C4L, how many of us link to articles to support our commentary, pass along critical information, or develop new ideas? In our Daily Articles, there's one newspaper publisher that requires you to get a subscription to read the online content linked by C4L. I won't subscribe and just proceed to the comments. The news media has become an extension of the government. It's content has become the chum that attracts liberty-loving bloggers trying to alert the masses to the lies, deceptions, and schemes of the political class.

Posted 07/05/09 6:34 PM Elysiumboy Billericay, United Kingdom

It's also another form of finding out who you are. The bigger the organisation gets the more we'll spread by the one way they cannot stop - word of mouth. They are trying to make us out to be terrorists so we become a threat to the people, but that can and has failed on them in the past. It's ironic with so many arguments about natural law going on, they use the key law of all species, self-preservation as their greatest weapon against society. This is breaking free of the computer world and becoming a big, fat reality in their faces so we have to expect them to try all kinds of tactics - I think this all leads to the conclusion that they know we are getting closer. There is still massive disruption in British parliament and the people are getting really p'd off with things at the moment, but not voting or voting in some racially motivated party will not bring in the answers.

Posted 07/06/09 10:27 AM Paul Revered New Richmond, OH

Judge Posner seems to give thought to his positions as we learn. What we think and say today may change tomorrow with the circumstances of what life throws our way. Losing freedom of speech never allows for any corrections.