Judge Richard Posner had a brilliant idea: to save the Newspapers´ life linking to copyrighted material should be outlawed.
That looks a weird idea, also because in a moment in which the copyrights life is on stake, forbidding a link sounds like a joke.
How could they manage to prosecute all the bloggers who link to somewhere?
Unless it is made lawful the unlawful procedure to fine (and outrageously fine) a restricted number of bloggers just to create an example.
It is like declaring stealing a crime and admitting that just a very small number of thieves will be prosecuted.
Being a criminal would have little consequences, unless you are really "unlucky" and get caught in the act.
All this without even considering the fact that linking is like having "free commercial".
Ask what would any intelligent manufacturer think of somebody who talks about his products and sends customers to his website (for free).
The newspaper sites get their readers mostly through links, not direct traffic.
No links, no traffic.