Future of Copyright explains:
In October 2011, website GeenStijl.nl published an article about leaked nude pictures of Dutch television presenter Britt Dekker. The pictures were shot for Playboy and were planned for the December edition of the magazine. The article on GeenStijl.nl contained a hyperlink to a zip file with the pictures, hosted by Australian file sharing website FileFactory.com. Sanoma, publisher of Playboy, ordered FileFactory.com to remove the zip file.
Thereafter, GeenStijl.nl updated its article with a hyperlink to Imageshack, where the photo shoot could be viewed directly. Sanoma also ordered Imageshack to remove the pictures. Meanwhile, the pictures were spread across the internet and new links to the photo shoot kept popping up.
Notwithstanding several letters in which Sanoma requested GeenStijl.nl to remove the article and the links, GeenStijl.nl published two more articles with hyperlinks to the pictures. Sanoma sued GeenStijl.nl for copyright infringement and for violation of Britt Dekkers portrait rights and privacy.
The court considered if the publishing of the hyperlinks by GeenStijl.nl constituted a publication (Dutch: ‘openbaarmaking’) as defined in article 12 of the Dutch Copyright Act. In principle, placing a hyperlink on a website is not a publication, unless three criteria are met: there must be an intervention, a new audience and profit.
Here's the legalese.
Why not click the Google +1 & the retweet buttons?
**Follow us on Twitter. Subscribe, or Return to BobsBlitz.com.