That's exactly the point. I would be very surprised if the court would see a difference between your description and an a-tag. But your description might still aid copyright infringement and it's the question whether the speaker should be liable for that or not.
If I'm standing on the market square and reading today's newspaper out loud that is just speech. But it's also copyright infringement.
This case has nothing to do with the specific form of a link. The question is whether one can infringe copyright by giving a very specific (and automatically executable) description on how to do so.
If I'm standing on the market square and reading today's newspaper out loud that is just speech. But it's also copyright infringement.
This case has nothing to do with the specific form of a link. The question is whether one can infringe copyright by giving a very specific (and automatically executable) description on how to do so.