What is a link?
"Who steals my purse steals trash; 'tis something, nothing; 'Twas mine, 'tis his, and has been slave to thousands; But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed." - William Shakespeare
In the information age, one could just as well which is a link? Is it the purse or the good name? Can it be both?
The question is especially pertinent given the most recent round of Internet copyright news. Google is facing a lawsuit in Europe, initiated by Agence France-Presse, that alleges that links to copyrighted material equate to infringement. Does a copyright holder own the initial work, the license to reproduce that work and also an inherent license to any HTML reference to said work. Are we, as a society, approaching an age in which the publication of a URL can be construed as theft? As this trend matures, will all usage of HTML links be monitored and regulated - forcing artists, private collectors and Museums to rethink their own websites and thus further restricting public access to art and performance? This would create an even greater chilling effect on culture in the information age.
This question strikes at the heart of intellectual freedom and has even greater ramifications for the future direction of the information age. The claim of intellectual property to the reference of a link (linkage, hyperlink, anchors, etc...) represents a push by private interests - here in the name of copyright enforcement - to control a vertical layer of the Internet. This is a greater issue than just one article, journalist or image. Tim Berners-Lee, a web pioneer and the leader of the World Wide Web Consortium, explicitly avoided ownership of any layer of the technology that makes the Internet possible. That is why the W3C exists and why Internet standards are developed by the community. They are the property of all. The result of this anti-proprietary model has resulted in unforeseen innovation, economic expansion and communication distribution across the globe. Yet, by creating a framework of legal control over the reference of a link, the court is effectively handing control of an essential part of the HTML standard to copyright holders.
(Bloggers, students, artists and scholars, create linkage at your own risk!)
It is easy to understand how this has come about. Social networks and content creation are throwing massive losses to industries that specialize in content creation. The profit motive will continue to push the publishing industry to fracture and close down publically available information on the Internet. Yet, it is ultimately the state of online public discourse that suffers. The dark internet grows and open access and public discourse are eroded.
