17 Dec
1998
17 Dec
'98
1:14 a.m.
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.
[8]
http://www.ljx.com/cgi-bin/f_cat?prod/ljextra/data/texts/1998_1207_56.html
S o u r c e s
For a complete list of TBTF's (mostly email)
sources, see
http://tbtf.com/sources.html .
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Layer of ash separates morning and evening milk.