This page will not operate properly if browser is pre-HTML 4 or if a pop-up killer is enabled (that's Netscape/Mozilla/Firefox default setting). Also, you must have Javascript enabled.

This is one of a series of demonstrations of what arguably are derivative works prepared without authorization, and thus are potentially in violation of 17 U.S.C. § 106(2). These demos depend on use of HTML 4 code, particularly <iframe>, not available with earlier browsers.



Demonstration of TOTAL ADVERTISING Business Model


[Preliminary Note for Students: Assume that this page is a Web page operated by a company named TOTAL ADVERTISING. The material framed at left below is from a Web page owned by a different organization or person, and it has not consented to the use shown below. That is the context in which you should begin to read TOTAL ADVERTISING's spiel, which follows.]

The TOTAL ADVERTISING business model operates by using iframing to place the content of the victim (hereinafter referred to as the ''target'') in a frame (iframe) on the page, surrounded with more or less static content of the user of the TOTAL ADVERTISING business model (hereinafter referred to as the ''client''). The more or less static content can contain blinking text, various colors (which can change as at the top of the Obnoxious Framing page in rainbow effects), and spinning animations (plus whatever else you think up). You can make the static text the same size as the framed text and get as close to it or as distanced from it as you like.
The unexamined life is Cool!
The next step is to place a Javascript moving popup window (hereinafter a ''Flybox''SM [of TOTAL ADVERTISING] window because it is like an alert box but more complex, and it flies around). The Little Red Flybox Window swoops around the framed content as a top layer over all other content. This has the pleasing effect (to the client) of periodically defacing the content of the victim and, as desired, the other more or less static content framing the victim's content. At the same time, the client's Flybox advertising window monopolizes the user's attention and suitably decrements his or her sanity.

BTW, did you mouseover the rotating COOL button?

Moving Window demo: observe the sensational effects of the TOTAL ADVERTISING business model in operation, as it stuns alike user, victim, and you, the client. Although only one full circuit of the screen is displayed here, you will appreciate that the client can control the amount of circuiting and can, as desired, 'appear' and 'disappear' the flying box. The client can also change the size of the flying box. Speed, etc. are controllable. For example, give the speedy little FlyboxSM-brand Flying Red Popup Window at this Webpage a whirl by clicking on the link to the next demo.


Questions for students:     Look at 17 U.S.C. § 106(1) and (3). Did T.A. violate the rights of the owner of © in the iframed material? Assume, arguendo, that MAI is not utter nonsense. Did T.A. reproduce or distribute a copy of ©-protected material? Is there any direct infringement under § 106(1) or (3) by anyone? Any indirect infringement? Are all elements of contributory infringement or inducing infringement or vicarious infringement satisfied? Could the owner of © in the iframed material recover against a citizen who views the T.A. Web page? Say, under § 106(1). What happens, as to all of the foregoing, if you stop assuming the validity of MAI? What is fundamentally different about § 106(3) in this context? After Arriba Soft, what about public display?