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From: John Foust <jfoust_at_threedee.com>
Date: Thu Dec 17 09:14:53 1998

At 05:03 PM 12/16/98 -0800, Uncle Roger wrote:
>I seem to remember a lawsuit not too long ago wherein Ticketmaster sued
>Microsoft (I think) because MS had put a link to TM's web site on their
>Sidewalk site. Seemed silly then, and seems silly now.

There have been other cases where sites were "framing" content from
other people's sites - imagine a super-news site that gave you the
impression all the content was their own, but that only embedded
(via links) content made by others, side-stepping their menus
and banners, etc. Today's relevant bit from TBTF below.

- John

..How much trouble can you get into by linking?

  Current case law on downloading or linking copyrighted material

    This National Law Journal article [8] runs through existing case law
    relating to fair use, linking, framing, and copying Net content, for
    example for use on an intranet. Of particular interest is the dis-
    cussion of "deep links": links directly to content buried within a
    site, bypassing its top page (which presumably carries advertising).
    TBTF is strongly biased to use such "rifle-shot" links. The author
    cites the case of TicketMaster Corp. v. Microsoft Corp.-- and mad-
    deningly does not report the actual outcome -- in concluding

> With respect to the company's use of hyperlinks on its
> intranet, legal scholarship on this issue... suggests that
> hyperlinks will not give rise to liability if the linked
> sites' home pages are the destinations. Liability appears
> likely to attach only if deep links are used.

    Thanks to Monty Solomon for the NLJ cite.


S o u r c e s

> For a complete list of TBTF's (mostly email) sources, see
    http://tbtf.com/sources.html .

    TBTF home and archive at http://tbtf.com/ . To subscribe send the
    message "subscribe" to tbtf-request_at_world.std.com. TBTF is Copy-
    right 1994-1998 by Keith Dawson, <dawson_at_world.std.com>. Commercial
    use prohibited. For non-commercial purposes please forward, post,
    and link as you see fit.
    Keith Dawson dawson_at_world.std.com
    Layer of ash separates morning and evening milk.
Received on Thu Dec 17 1998 - 09:14:53 GMT

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