So, according to this story here http://consequenceofsound.net/2016/06/axl-rose-sends-notice-to-google-demanding-takedown-of-fat-memes/ Axl isn’t very happy about al those memes that are floating around of him looking less than slim.
Interestingly, a couple of weeks ago we were contacted by the very same legal team demanding that we remove from our servers two images that had been posted in a forum thread. The images were posted by a user here and as regular image posters will know, that means they were actually hotlinked from another site – in this case from the meme generating site from whence they came.
I responded by pointing out to Web Sheriff (what a stupid name from a company) that we couldn’t comply since the images were not on our servers. I pointed out to them where they were actually stored and wished them the best of luck in getting the hosts to remove them.
I heard nothing back for a week.
..Then our own server hosting company Don Host, contacted us instructing us they had received a notice from Web Sheriff alleging breach of copyright by our site. They told us that if we didn’t remove the images from our site that they would turn our servers off. We had no option but to comply as we couldn’t risk that happening.
I contacted our hosts and told them that the request from this legal company was spurious and even if they did turn us off those images would remain exactly where they were. I explained that hotlinking an image is not a breach of copyright as nothing has been copied. A link has been created to where the file exists on another server. They explained that they don’t take chances with legal issues such as this and they generally comply to avoid expensive legal proceedings.
Hmm.
Copyright technicalities aside this does raise the issue of hotlinking in general. It has been tested in US courts and it’s not a breach of copyright to hotlink and image as the original file is not copied. But that doesn’t mean that it’s right to do so. In this case someone had breached copyright, it just wasn’t us. There’s a lot of images hotlinked from this forum every day.
It’s an interesting issue that I now open to the house for debate 🙂