Media Embeds copyrighted in the USofA!
I have just stumbled over an article that was a link in a story about the GateHouse vs. NYT lawsuit. It is amazingly enough two years old but it explains the lawsuit of a motocross company SFX Motor Sports against someone called Robert Davis. Mr. Davis used embedded media from the SFX Motor Sports Company on his own site. SFX does need the people on their site because the few sponsors the motocross scene has (its a tiny teeny scene with way less revenue most people would think - I had short contact with it ages ago) want to be seen.
So SFX went to court in Texas - their home state - and won the case. What that means - is that I was totally correct when I said some moons ago in the discussion I had that embeds are links - this is legal precedence and is very unlikely to be ever overturned. That means that in Germany and in the US its definitive that all embeds fall under their applied copyright license (normal copyright, or Creative Commons or whatever there comes) - that means that people using embeds with a NonCommercial Attribution License on their blogs and having ads on their blogs are violating copyright law - of course only if the Creative Commons Foundation ever pulls their head out of their butt and clarifies what commercial means in the realm of the web - or adds an "advertisment free" license to its license collection - in the meantime I think all blogs with ads are commercial - lets see if I am correct in that assumption as well - lawsuit to follow in three month :)
Here is the (copyrighted) C|Net article about it. The missing link I was looking for such a long time.