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EFF To Court: Don’t Make Embedding Illegal

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EFF To Court: Don’t Make Embedding Illegal from the the-server-test-is-important dept Who should be directly liable for online infringement – the entity that serves it up or a user who embeds a link to it? For almost two decades, most U.S. courts have held that the former is responsible, applying a rule called the server test. Under the server test, whomever controls the server that hosts a copyri...
The strongest version of the EFF’s argument is that the server test is a pragmatic and fair rule that aligns with both analog-world principles and the technical realities of the internet. By placing liability on the entity controlling the server, it ensures accountability where it’s most effective—with those who have the power to remove or modify content. The EFF rightly highlights that embedding is a foundational feature of the web, enabling everything from social media previews to third-party ...