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>is it ok then to create a CP linking website? //

Strictly speaking I don't think it would be illegal as long as no content on the site itself contravened the law. If you can differentiate it from a search engine that gives the links in SERPs then I'd back it being made illegal though - if you can't then Google/Bing/etc. are illegal if you can make the SERPs return a link to illegal content. Indeed a link site would be useful for the police as they'd have their job done for them to some extent. A site owner with only links would on the balance of probabilities have visited child pornography sites and so, in the UK at least, have broken the law.

This could lead to some verification being required for registering domains. Maybe then only domains verified by a domain registry as traceable to a person would be allowed to be routed. That could be automated.

I'm not saying that's how things should go but it doesn't seem too much of a stretch to think that things could go that way?

What I'd like to see in general is some balance. There needs to be a quid pro quo to tightening copyright restrictions. Giving us fair use privileges in the UK, like being able to make backups, format shifting and such would be a start. A reasonable copyright term, equable to patent terms would be better. If no such effort is made then it's all just business buying laws to suppress the masses AFAICT.




The Copyrights, Designs & Patents Act 198 has "fair dealing" clauses which specifically permits back ups (Section 50(A)) and time-shifting (Section 70). I'm not aware of any case law that limits these permissions; the Copyright & Related Rights Regulations of 2003 does forbid you from circumventing a technical protection measure, which is in opposition to CDPA.


SS50(A) in CDP as amended refers to backups for computer programs. I'm thinking backups of media, DVDs, CDs. Time-shifting is allowed as you note but it limits you to view a single recording a single time, so you can watch a recording of a TV show but you must never "deal with" the copy once you've viewed it; moreover this only applies in domestic settings.

To consider UK "fair dealing" anything akin to US "fair use" is to not understand the scope of either IMO.


UK fair dealing is much tighter than US fair use.

At the moment "format shifting" (but not time shifting) is still illegal, but no-one enforces it and it's going to be changed. (I haven't kept up; maybe it has already changed.)

As you say, being allowed to make backups is tricky if you're not allowed to circumvent technical protection measures.


In the UK you need to prove beyond reasonable doubt to get a criminal conviction. Balance of probabilities is just for civil cases I believe.

I would think though that it could be seen as advertising child pornography if you provided the links that were all to child porn or that the links were labeled as child porn.




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