Since some forums don’t seem to appreciate any discussions which require more than a sentence or two, I’ll put here some thoughts on the current discussions on Copyright in Hong Kong, particularly as it relates to the internet and issues raised by the Edison Chen photo affair.
One “Dragonball” commented in HKExpats:
I’m still a wee bit concerned that posting a Youtube link could be copyright infringement.
It seems to me that this depends on the legal interpretation of this section (s.26) of the Copyright Ordinance:
Heading: Infringement by making available of copies to the public
Version Date: 30/06/1997
(1) The making available of copies of the work to the public is an act restricted by copyright in every description of copyright work.
(2) References in this Part to the making available of copies of a work to the public are to the making available of copies of the work, by wire or wireless means, in such a way that members of the public in Hong Kong or elsewhere may access the work from a place and at a time individually chosen by them (such as the making available of copies of works through the service commonly known as the INTERNET).
(3) References in this Part to the making available of copies of a work to the public include the making available of the original.
(4) The mere provision of physical facilities for enabling the making available of copies of works to the public does not of itself constitute an act of making available of copies of works to the public.
If posting a link to the pictures or to a site itself containing links to the pictures is deemed contrary to this section then links to copyright material on Youtube and a very significant part of the internet in its entirety become illegal under Hong Kong law. Which would then be so laughably in disrepute that any claims to be a “World City” would be even more completely blown away.
To me it is quite obvious that the “making available” in this law should refer only to the uploading and hosting of the actual copies of the material in question, not to anyone uploading or hosting links to such material. Anything other interpretation would be so totally at odds with the way the internet works as to make the law completely ludicrous.
Moreover, as I read it, HKExpats.com is merely providing physical facilities to enable the posting of links, so even if the links themselves are deemed in breach of copyright then HKExpats is in the clear because of clause (4) above. So quite why the admins of HKExpats are running scared baffles me – unless the guys with the choppers have threatened them.