http://www.thepornspider.com/forum/v...ic.php?p=84#84
Quote:
Based upon this legal ruling and a modicum on common sense that it seems some webmasters lack, we feel we are on firm legal ground when we link to content on other sites. We clearly notify users that the content is located on another website in our terms (that they are forced to agree to) and we list the website where the content is from next to each link. There is no deception, ambiguity, or confusion of source.
From a common sense point of view what TPS does is no different than what a library card index does (as pointed out by the judge). Another (perhaps more fitting?) analogy would be to compare TPS to your TV Guide. We compile a list of free movies and content that is open to the public at no cost (analogous to television programming) and we publish this list of URLs (analogous to the Channel and Timeslot of your favorite TV program) on our website (analogous to the TV Guide).
If webmasters wish for their content to be protected or private then they should not make it freely available on the internet. The judge addresses this in his response to the trespassing claim.
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Although this makes sense, his analogy is slightly inaccurate. The TV Guide, although replacing the need to watch the channel and its ads to see when an upcoming show comes on, it does not replace the TV show itself (which also contains ads).