German Court: Links Can Infringe on Copyright

Here's one of those tedious court decisions that show the judges don't really get this new-fangled Internet thing:

Pünktlich zum einem der vielen 20. Geburtstage des Word Wide Webs wurde jetzt ein Urteil des Bundesgerichtshof veröffentlicht, in dem festgestellt wird dass ein Link eine Urheberrechtsverletzung sein kann (Urteil, .pdf). In behandelten Rechtsstreit hatte der Kläger eine Website mit Stadtplänen betrieben, die so gestaltet war, dass man immer nur über ein Suchformular auf der Startseite zur gewünschten Unterseite kommen sollte.

[Google Translate: Just in time for one of the many 20th Birthdays of the World Wide Web has now published the Federal Court judge, found that a link is in the copyright infringement can be a ( ruling. pdf ). Treated in dispute, the applicant had operated a Web site with maps, which was designed so that one should only come via a search form on the home page to the desired base.]

I mean, come on: this isn't about copyright - the content is freely available; it's about how you get to that copyright material.

Thus the real issue here seems to be that a site owner is worried about losing advertising revenue if people can skip over the home page. But the solution is simple: just put ads on the inner pages of the site, too. That way, you get the best of both worlds: directly-addressable content that also generates revenue. Is that so hard?

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Proof that Microsoft Now Fears for the Desktop

Hmm, lookee here: Microsoft wants to hire a Director, Open Source Desktop Strategy. Here are the details:

The Windows Competitive Strategy team is looking for a strong team member to lead Microsoft’s global desktop competitive strategy as it relates to open source competitors. Our team mission is to gather intelligence, create business strategies, and drive action in the marketplace for the Windows Client business. In this job, you will be asked to think strategically, put yourself in the mindset of our competitors, influence multi-million dollar marketing campaigns, and drive high-level executive thinking around business strategy.

As the Director of Open Source Desktop Strategy you will need to drive research and build holistic strategies across dynamic market segments like PCs, NetBooks, and mobile internet devices. You will be responsible for bringing our business strategy to life by discovering and sharing the market insights that set the foundation for our platform value dialogue with customers and the industry.

Nothing could say plainer that Microsoft now fears for the desktop. You don't appoint someone whose job is to lead a "global desktop competitive strategy" that embraces PCs, netbooks and mobile internet devices after years of assuming the desktop was yours forever unless you have a clear and vivid idea that there is a new and real threat in this sector. And you don't have to be a mind-reader to guess that Microsoft is thinking of GNU/Linux here.

The job would probably be quite attractive to people were it not for two killer responsibilities:

Create a rational set of proof points that promote Microsoft’s comparative value

Build a fact-based marketing plan that articulates the Windows Client value proposition to partners and customers

The problem is, of course, that there is no "rational set of proof points", and no facts on which to build a marketing plan. It will be interesting to see which masochist gets the job. I look forward to, er, analysing his or her attempts to square the circle. (Via Matthew Aslett.)

(Sigh): Another BBC Ad for Microsoft

I suppose I should expect this now:

In a surprise move, Microsoft has announced it will offer a free anti-virus and security solution from the second half of next year.

...


Amy Barzdukas, senior director of product management in the online services division at Microsoft, said: "This new, no-cost offering will give us the ability to protect an even greater number of consumers, especially in markets where the growth of new PC purchases is outpaced only by the growth of malware."

Ah, bless 'em.

Of course, this move couldn't possibly have anything to do with the fact that the security of Windows is so poor as to make the operating system unusable without this kind of anti-virus crutch. Well, that's certainly the impression you get from benign old Auntie.

As usual, Mike Masnick gets it in one. His headline? "Microsoft Realizes No One Wants To Pay Microsoft To Fix Its Own Security Flaws."

De-Fanging Microsoft

Like many, I was intrigued and ultimately disappointed by the first of the new Microsoft ads. But I assumed that it was in the nature of a teaser – or maybe even a clever ploy to lower expectations for later episodes, thus increasing their eventual impact....

On Open Enterprise blog.

The Art of Adlessness

On Open Enterprise blog.