Some people have experienced some confusion about the legality of The
Dialectizer. It may appear that the site is a violation of the
copyrights of other web publishers. This is not the case.
The Dialectizer does not violate any copyright laws. This page
explains why.
The source of the confusion is most likely that the URL to a dialectized web
site begins with "http://www.rinkworks.com/...",
thus giving the appearance that a dialectized parody of another's web page is
physically stored on our web server. This is not the case. The
Dialectizer works by downloading other pages on the fly and relaying
them to the end user. Thus, no one else's web site is ever stored on my
server on a permanent basis. Here is a detailed
explanation of how The Dialectizer works. Even so,
The Dialectizer is also protected as it produces works of parody,
which are protected by U.S. copyright law.
The Dialectizer does not in itself violate copyright laws.
We disclaim responsibility if someone
else uses The Dialectizer to do so. The following points
illustrate its legality.
- The Dialectizer does not provide
access to any material that is not freely available on the web.
It couldn't, even if I wanted it to (which I don't). Hence, this site
is not guilty of providing access to private materials or compromising
security. Any page that can be viewed through The Dialectizer
could also be viewed via regular browsing means.
- The Dialectizer does not store
copyrighted material locally for redistribution. The way
The Dialectizer works illustrates this point; see above.
Pages are only downloaded by The Dialectizer for the end
user whenever it is explicitly directed to do so by said end user, and
pages are not stored or redistributed afterward. (It is possible another
user will request a dialectized version of a given page after it has been
dialectized once already; in that event, The Dialectizer
downloads and translates the page again from scratch.
- The output produced by The Dialectizer
are works of parody. Works of parody, by definition, require
original source material to derive from. Parody is protected as part of
the "fair use" clause of copyright law.
- Reasonable steps are taken to ensure that
dialectized material is not confused for the source material.
For any text to be dialectized, the user must physically enter a URL or
text and press a 'Submit' button. This ensures that the user is actively,
purposefully using The Dialectizer, with full knowledge, as
given by the documentation presented to the user from this site, that the
output will be a parody of the input and not a reiteration of the source
material. Even when a third party posts a link to a dialectized web
page on their own web pages, users clicking on such a link will still
be taken to an intermediate page, prior to viewing the dialectized
text, which explains that what will be viewed is a dialectized parody
of a web page and not the source material. There should be, therefore,
no confusion between the source material and the dialectized parody.
- The Dialectizer is a tool only, and
intended strictly for private use. Neither the site nor I can be
held responsible for anyone using it in an irresponsibile manner.
The Dialectizer is a tool only, and we are not responsible,
nor may be held responsible for, the uses to which it is put. To
illustrate this point, suppose someone is standing on a street corner
giving out free pamphlets. The information in the pamphlets is copyrighted,
but the pamphlets themselves are free. (This is almost exactly what
the web is -- if you publish something on the web, the information
may be copyrighted, but it is permissible for anyone to download and
view a copy.) Suppose someone took a copy of the pamphlet, cut it
into pieces with scissors (which were provided for him to use by a
friend), taped it back together in a mixed up order, and read the
pamphlet. In this scenario, there is no violation of copyright laws,
but even if there were, it certainly wouldn't be on the
part of the owner or manufacturer of the scissors. The
Dialectizer corresponds to the scissors in this analogy. I do
not purposefully go out and select pages to be dialectized. The end
user is solely responsible for using The Dialectizer to view
dialectized web pages or text. A
relevant legal case, involving a device called the "Game Genie" that
plugged into Nintendo game cartridges and altered the appearance and
behavior of the games, was found in 1992 not to infringe on Nintendo's
copyrights -- just as someone looking through a kaleidoscope to see a
fractured picture of a copyrighted work would not be an infringement
of copyrights. The Dialectizer does not incorporate
protected work in a concrete or permanent form, nor does it supplant
demand for the source material -- two other arguments in that case
that also apply here.
If you feel that The Dialectizer infringes on your copyrights,
understand from the above that it doesn't. However, this is not to say we
will refuse to address your concerns. In the interests of common courtesy,
we have provided several means by which you can, if you so choose, block
The Dialectizer from translating your site. Here are
instructions for doing so.
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