The story reminded me of a point I made a while ago – regardless of anything else, you (my reader), or me (as the author) has absolutely no idea what will be displayed if you click on the link. At the time of writing, using the particular DNS servers currently provided on the wireless network I am using it is an interesting story about how linking to infringing content shouldn’t really be an offence. Of course, given the way the Internet works, that may not be true for you (your own hosts file may resolve that name to a completely different address) and I guess the people at Techdirt could also change the story at any time which would make this post somewhat non-sensical.
There’s a current trend of using URL shorteners, which seems to be related to the stupid and arbitrary 140 character limit on twitter (which is derived from the limit on SMS message length, despite the fact that every modern phone can concatenate messages into one, making the whole thing even more absurd, but I digress…), which introduce another level of abstraction and make it utterly impossible to know what will happen if a link is clicked. Here’s an example, just to drive the point home…
For a start… notice the CTLD is .ly. That means that this service is controlled by Libya, so obviously nothing wrong there. Secondly, you don’t know what site that links to. Thirdly, you don’t know how the people who control your DNS servers will resolve that name to an address. Fourthly, you don’t know what the http server at that address actually serves as content (malware, porn, movies, live sport). Yet, people click these things all the time.
There’s a major disconnect between the way the law wants to work and the way that things actually do work.