Quote:
Originally Posted by Gillianren
Nonsense. The person hotlinking the image is making a claim by its very existence that they do have the right to do it.
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Since you're intent on quoting me out of context, I'll simply have to restore that context, this time in
bold:
Quote:
Originally Posted by mugaliens
Thanks for making my point for me:
"The burden of proof, therefore, usually lies with the party making the new claim." - 10011001's Wikipedia link
If you're going to claim a hotlinked image falls outside the rules, the burden of proof is on you, my friend.
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01101001, you're confused. The term "burden of proof" applies to the situation where one person is trying to prove something. A poster isn't trying to prove anything. As I have already mentioned, he has a
responsibility to ensure "that it's used in accordance with the license of the hosting site as well as in accordance with copyright law."
Using the term "burden of proof" in this context is incorrect.
Now along comes a second person - mod or another poster, doesn't matter. They examine the link, conclude that it's not a valid use, and take action.
They , as the party making the new claim, have the burden of proof to substantiate their claim that the hotlink is invalid.
Do not confuse the
responsibility of the poster to properly use links with
burden of proof of a second party to provide clear evidence otherwise.