Syzygy - 9:24 am on Jan 24, 2007 (gmt 0) Syzygy [edited by: Syzygy at 9:26 am (utc) on Jan. 24, 2007]
Possibly this is the crux of the matter?
Judge Lindsay did not look to other cases on deep linking... Instead, he looked at cases on live television broadcasts. He compared Davis's actions to those of a company sued by the NFL for the unauthorised capture and satellite transmission of live football broadcasts to viewers in Canada. Finding infringement, that court said a public performance or display, for the purposes of the Copyright Act, "includes each step in the process by which a protected work wends its way to its audience."
[edited by: Syzygy at 9:26 am (utc) on Jan. 24, 2007]