From: Tim May <tcmay@got.net>
Date: Thu, 5 Jun 1997 00:53:02 +0800
To: cypherpunks@Algebra.COM
Subject: Re: Hacker Links page (fwd)
Message-ID: <v03102813afbb4a89cf8f@[207.167.93.63]>
MIME-Version: 1.0
Content-Type: text/plain



I sent this out last night, leaving the Cypherpunks distribution as
"cypherpunks@einstein.ssz.com." Alas, it does not seem to have propagated
to my site.

So here it is:


>Date: Tue, 3 Jun 1997 19:09:30 -0700
>To: Jim Choate <ravage@einstein.ssz.com>, cypherpunks@einstein.ssz.com
>(Cypherpunks Distributed Remailer)
>From: Tim May <tcmay@got.net>
>Subject: Re: Hacker Links page (fwd)
>Cc:
>Bcc:
>X-Attachments:
>
>
>When I was on the Cyberial-l list, for lawyers and others interested in
>cyberspace law issues, this issues of URLs being infringements came up a
>couple of times.
>
>I think the answer is very clear: nobody needs permission of others to
>print URLs.
>
>URLs are like footnotes. They are not actually links or tunnels of any
>sort. They are just like "machine readable footnotes." If I refer a reader
>to "Applied Cryptography," either by citing the book title and ISBN numer,
>I do not need the permission of Bruce Schnier to cite this information. No
>copyright law has ever been held to apply to the recitation of such cites.
>
>A URL is just an address, much like a ISBN number.
>
>In modern browsers, clicking on such a URL may be perceived as "taking you
>there," and in some sense it does. But what the clicking really does is to
>invoke the commands needed to send stuff to the address specified in a URL
>and ask that site to send some stuff back.
>
>Jim and others know this, of course, so I am not lecturing them. Rather, I
>am framing the debate in terms that copyright lawyers will surely
>understand.
>
>Now, it may be true that Don Lancaster has decided, for example, that he
>doesn't "like" the association of his URL with "hacker" topics. Too bad.
>
>It would be no different if Lancaster were to object to Timothy McVeigh
>providing a reference or footnote to Lancaster's "The TTL Cookbook." Even
>if McVeigh were to say he found the "TTL Cookbook" essential for building
>bomb timers. (Not that far-fetched, actually.)
>
>"Fair use" extends to even including chunks of another's writing for
>purposes of comment, critique, agreement, discussion, etc. It clearly then
>applies to cites of the author's books.
>
>And more than just "fair use," citing the influence of others and saying
>where more information can be found is the essence of free speech.
>
>(Which means I have the feeling Electronic Frontiers Georgia may be
>entering the case on the side of Lancaster!)
>
>And Lancaster's choice to make his URL publically accessible means that
>anyone can click on it. Open and shut.
>
>--Tim May
>
>

There's something wrong when I'm a felon under an increasing number of laws.
Only one response to the key grabbers is warranted: "Death to Tyrants!"
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."