Comment by 27183
10 hours ago
> Why should visiting a page on your computer count as copying?
Because there's no physical mechanism for the information to be transmitted over a computer network other than by copying the bytes.
Note this is distinct from broadcast systems like analog television or radio. Packet switching networks only function by copying information and storing multiple copies around the internet, including in your computer's RAM (and disk, if cached).
So a legal definition that says "this kind of copying is copying but that other kind of copying isn't copying" makes no sense at all. Like many other legal definitions--it's all about what has been successfully snuck past a jury at one point or another in the past, without any heed for how things actually work.
It's not about "how things actually work", the law is there to regulate human activity. The law tends to call these copies on the wire, in RAM, in caches, etc. "transient copies", which is fine until a human starts using them as non-transient copies, e.g. saves them for later.
You could argue that your MP3 of Enjoy the Silence is actually just a big number, and you can XOR it with 0xFF and it's a completely different big number, and you just happen to XOR it with 0xFF when you want to listen to it. The courts would look past that, and instead determine if you created that "big number" by MP3-encoding the track from a CD you owned (legal), versus obtaining it from some file-sharing network (not legal)
Classic essay about techies not understanding the law: What Colour Are Your Bits? https://ansuz.sooke.bc.ca/entry/23
> Because there's no physical mechanism for the information to be transmitted over a computer network other than by copying the bytes.
Your response seems to ignore everything in my comment other than the second sentence. I was asking why that detail should matter as far as the law is concerned, and I gave some reasons I don't think that would be good or practical.
There's the matter of linking to copyrighted works: https://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlink...
If your link is set up to make the image display immediately (that is, you wrap it in image tags, or as in one case, embed Instagram posts) then you may be violating copyright. What's more, in Europe, just a hyperlink to a copyrighted work violates copyright.
Conclusion: copyright is not about copying, it's about access.
Sure, but that seems different from what I was addressing. The person I was responding to was saying that the law as a whole usually doesn’t make sense. They were saying that in the context of arguing that if the law didn’t consider viewing a page of copyrighted copying as involving copying due to the technical basis of it having to transfer bits to your computer then the law didn’t make sense. My point was that laws don’t have to encompass or fully specify all edge cases, and that the ways laws are written can be open to interpretation. I think I removed a sentence before posting about the purpose of finders of facts in the US system like juries or judges in bench trials.