Source: Electronic Frontier Foundation
by Corynne McSherry
“Who should be directly liable for online infringement – the entity that serves it up or a user who embeds a link to it? For almost two decades, most U.S. courts have held that the former is responsible, applying a rule called the server test. Under the server test, whomever controls the server that hosts a copyrighted work — and therefore determines who has access to what and how — can be directly liable if that content turns out to be infringing. Anyone else who merely links to it can be secondarily liable in some circumstances (for example, if that third party promotes the infringement), but isn’t on the hook under most circumstances. The test just makes sense.” (03/02/26)
https://www.eff.org/deeplinks/2026/03/eff-court-dont-make-embedding-illegal