[pbhjpbhj]

I like your example but I don't think that a web page is like a person in public space. As you say their is no tort generally in approaching someone in the street but it is possible that a legal barrier has been erected and so an uninformed observer can't assume that no infringing/illegal activity is being undertaken (think exclusion orders, stalker laws, anti-social behaviour orders and the like; I think these are reasonably common across jurisdictions).

In the case of a website a copyright to that site is automatically created when the work itself is created - this is true in the vast majority of countries at least. Being able to view the site by making a temporary copy in your computer's cache is not clearly non-infringing. Someone aiding the creation of an infringing work can be acting tortuously in "contributory infringement" and hence linking to a website could, strictly, be tortuous. Applying common sense by assuming an implicit contract avoids the need to concern oneself with such apparent infringing actions.

[kragen]

> Being able to view the site by making a temporary copy in your computer's cache is not clearly non-infringing. Someone aiding the creation of an infringing work can be acting tortuously in "contributory infringement" and hence linking to a website could, strictly, be tortuous.

Hmm, I hadn't thought about it from that point of view, but I think you're right. It seems like clear evidence that your copyright law (I assume you're in the US) has gone mad and needs to be put to sleep.

[pbhjpbhj]

>"I assume you're in the US"

UK actually at present - US has some things better than us and some worse. It all could do with a good going over though!