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]