First of all, hyperlinking is considered making available through ‘providing direct access to works’ so that the public may ‘access [the work]‘ without any real substantiation. This is a dead-end for the argument that hyperlinking acts as a mere indication of (easily accessible) source.

Second, the ruling only addresses scenarios where the initial communication to the public has occurred with the author’s authorization. This implies that the ‘new public’ criteria would always be met and result in infringement when the source is unauthorized or illegal. Of course, the linker cannot know if the target page or resource has been communicated to the public with or without authorization (and by whom). As such linking might later turn out to be illegal (unless this would apply only to obviously unauthorized sources).

Essentially, the judgment was based on the new public safeguard which will fail in some cases. Taking for granted that hyperlinking as such is always ‘making available’ of a work seems shortsighted. It may be difficult for CJEU to later rule – if (or when) ‘new public’ approach comes to a dead-end – that hyperlinking in fact is more like a reference, not providing direct access to the work.

Sure though all things that have a beginning must also have an end where one day TPB will become obsolete. Maybe the next day its home will be in a museum.

In many ways TPB would be tied to the BT network while the black flag of piracy is tied to copyright law. So kill the latter and the former would die.

In other words, his paranoia again. Who cares?”

The person you replied to was “Anon” not “Nejtill” so you can’t remember who you replied and you talk about someone being a sad little fucker. You are way to smart for this site. /sarcasm.

And yet you replied to someone posting as “Anon” calling that person Arr Matey.

“so you log in with atleast 2 named accounts and god knows how many anon pseudonyms to further your agenda, what a sad little fucker you are.”

Only that they ever posted with another name the once to prove a point so not really the sad little fucker that you claim them to be.