Dana Blankenhorn’s latest article argues that a photographer whose images were copied by and displayed upon ditto.com’s web site should not be able to claim copyright infringement because he didn’t take any technological steps to prevent such theft. His suggestion: the photographer should have put the pictures behind a firewall. Free clue: you don’t put the picture behind a firewall, you put the entire web site behind the firewall, and if you do that, nobody can get to it. Additional free clue: copying material and using it on your own web site has nothing to do with “how the web works”. This lawsuit is not about technology, it’s about the limits of “fair use”.

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