Stardate 20010609.0549 (On Screen): The whole fuss about Microsoft's "Smart Tags" strikes me as being overblown, but of course we won't know until the real product comes out. However, Ms. Gross's arguments about it being a violation of copyright law disturb me greatly. What she contends is that the addition of "smart tags" to a web page makes that page a "derivative work" under copyright law, one which is definitely not authorized by the copyright holder. (Copyright law requires "opt in" for derivative works; you can't make one without prior permission.)
The RIAA must love Ms. Gross; despite her employment by the EFF, she's the best friend they have. She's taken the concept of 'derivative work" well beyond anything that copyright holders could possibly have dreamed of. See, if her theory is correct, then it would not only be a violation of copyright law to add something, but also a violation to take anything out. Ripping advertisements out of a magazine? Nope; that makes it an unauthorized derivative work. Use ad-blocking software with your web browser? Sorry, not allowed. Create your own CD with just the music you like, in the order you want to hear it? See you in court.
I think maybe Ms. Gross should take a deep breath, forget about how much she hates Microsoft, and consider the broader ramifications of her legal theory. (cringe)
