The "tv-links" Situation, A Recap (1 of 3)

This post is the first of three in a series that will examine some of the most important recent situations involving internet television. The goal is not to provide a deep analysis but to briefly cover the main talking points. The first situation involves tv-links.

Who was involved?

In October of 2007, David Rock, the owner of the TV-Links website was arrested under suspicion of facilitating copyright infringement(1). TV-Links acts provides links to online content such as television shows and movies, but importantly it does not host the content. It is similar to thepiratepay.org in that regard. The copyright holders' group FACT was the impetus behind the arrest.

Issue

The key issue is, similarly to thepiratebay.org, can a website that merely provides links to where allegedly infringing content exists be deemed liable for copyright infringement? Copyright holders would like that answer to be a resounding yes, however it may be more reasonable to allow websites that provide such links to avail of a safe harbour defense with a notice and take-down policy in effect.

Outcome?

At present there has been no activity following Rock’s release from custody and nothing has come before a court. Following the closure of tv-links.co.uk, a new website tv-links.cc sprung up. The change of server location from the Netherlands has shown the weakness of any attempts at policing the internet with certain foreign jurisdictions providing an easy escape route for all manner of questionable activity(1).

Footnotes

(1) Interestingly, the case has an Irish connection with one of the senior moderators of tv-links being arrested in Ireland - http://www.thenewfreedom.net/wp/2007/10/19/tv-linkscouk-raided-owner-arrested/
(2) A recent WHOIS search shows that tv-links.cc is registered in Panama

Sources

1. "Web Site TV Links Present Unique Legal Dilemma"
Associated Content, 8/1/2008
(LINK)
2. "The Good Ship TV-Links Sinks"
Digital-TV Blog, 30/10/2007
(LINK)
3. "Mr. Rock of Tv Links.co.uk Less Guilty Than Google"
Associated Content, 30/10/2007
(LINK)
4. "British Man, David Rock, Arrested for Piracy"
Kelly Herdich, Associated Content, 29/10/2007
(LINK)
5. "TV-Links man: 'I'm no master criminal'"
Lucy Sherriff, The Register, 29/10/2007
(LINK)