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Intellectual "Property" in the Digital Age
Frank Field
Links Home : IP Controversies : "Deep" Links

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A stupid basis for litigation, but they keep on keepin' on.

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-REC Don't Link To Us Homepage
[6 hits, 0 votes, Average Rating 0] [Added: 21st Aug 2002]

Slashdot coverage. and an article at ZDNet.

Don't Link to Us! links to sites that attempt to impose substantial restrictions on other sites that link to them. The Linking Policy for Don't Link to Us! precludes us from requesting permission to link to a site, and compels us to link directly to the targeted page (i.e., a "deep link") rather than to a site's home page. Descriptions of sites' linking policies generally are accurate (though often not complete) at the time they are posted here but are likely to change over time. On occasion a web site will modify its linking policy in response to public ridicule. Perhaps their appearance in Don't Link to Us! will help encourage some of these sites to move forward into the 20th century.
Don't Link to Us! is published by David E. Sorkin

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-REC The Link Controversy Page
[10 hits, 0 votes, Average Rating 0] [Added: 17th Jul 2002]

The Link Controversy Page; Stefan Bechtold. " The Link Controversy Page is intended to provide an overview of the legal problems of using hyperlinks, inline images and frames on the WWW. Right now, this page covers problems in the area of copyright, trademark, trespass law as well as unfair competition law."
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-"Deep Linking" Controversy Renewed in Texas
[13 hits, 0 votes, Average Rating 0] [Added: 1st May 2002]

Slashdot.org; May 1, 2002. 'DaDigz writes "Wired News is reporting on a cease and desist letter sent to an independant news site by Belo, corporate parent of The Dallas Morning News , forbidding them from linking to individual stories within the site. They claim that the author can only link to the site's homepage, and attempting to link to stories within the site violates their copyright." Next week Time Magazine will require you to read pages 1-36 before reading the article you want on page 37. Don't complain, its their copyright ;)'
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-Another Run to a Deep-Link Suit
[12 hits, 0 votes, Average Rating 0] [Added: 14th May 2002]

Wired.com; Declan McCullagh; May 14, 2002. More on deep linking - this time it's Rodale Press and a runners' website. "If deep-linking could be legally restricted by publishers, it would roil the Internet industry and call into question the future of search engines like Google and directory services such as those operated by like Yahoo and Lycos, the parent company of Wired News."
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-Court cuts off deep linking
[9 hits, 0 votes, Average Rating 0] [Added: 9th Jul 2002]

ZDNet News; Lisa M. Bowman; July 8, 2002. Also in CNet News

It's unclear whether the ruling by Copenhagen's lower bailiff's court will have broader ramifications for the Web. The decision only prevents Newsbooster from deep linking to the Danish Newspaper Publishers Association's 28 sites.

However, deep linking is becoming a more contentious topic across the globe as dot-coms of all stripes seek more control over their traffic and advertising targets.

Legal experts said the decision might not have any direct effect on most sites, but it opens the door for courts to examine more closely the practice of deep linking.

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-Deep Link Foes Get Another Win
[7 hits, 0 votes, Average Rating 0] [Added: 8th Jul 2002]

Wired.com; Michelle Delio; July 8, 2002. Followup to the Danish decision of last week:

That may seem a bit extreme, but recent legal rulings and the service terms of an increasing number of websites adamantly claim that links are nothing more than tools used to steal content, corrupt journalistic ethics and wreak havoc with corporate profits.

In the latest case, the Bailiff's Court of Copenhagen ruled last Friday in favor of the Danish Newspaper Publishers Association, which claimed that Danish company Newsbooster violated copyright laws by "deep linking" to newspaper articles on some Danish newspapers' Internet sites.

Deep linking is the practice of providing a link directly to specific content on another website, instead of linking to a site's main or "front" page. Links are the stuff that the web is made of, but the practice of deep linking is increasingly under debate, despite the fact that many website designers insist that -- technically, at least -- there is no such thing as a deep link.

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-Deep linking faces clampdown
[5 hits, 0 votes, Average Rating 0] [Added: 4th Jul 2002]

ZDNet News; Lisa M. Bowman; July 3, 2002.

Say you post a scrappy one-man-band Web site on the pros and cons of pet sweaters. Like any good Webmaster, you add links to pages on outfitting pooches in ponchos so people can track down additional information--a move that captures the essence of the Web.

Imagine your surprise, then, when you receive a letter from one of the sites you directed people to, which says posting such links is illegal without first seeking written permission.

Similar scenarios are happening around the globe as a growing number of organizations and publishers crack down on deep linking, or the practice of sending people to pages other than a home page.

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-Deep Linking Takes Another Blow
[11 hits, 0 votes, Average Rating 0] [Added: 25th Jul 2002]

Wired.com; Michelle Delio; July 24, 2002. Why copyrights/patents on databases is no different than allowing someone to copyright data, which legislatures have rejected up to this point.

Using a search engine to locate stories on newspapers' sites violates European Union law, according to a recent ruling by judges in Munich's Upper Court.

The ruling is the latest legal decision in a two-year battle between German newspaper Mainpost and German search service NewsClub. Mainpost charges that NewsClub violated the law by searching through and linking directly to Mainpost content.

The law in question is the "Database Directive," a piece of European Union legislation that grants copyright protection to database creators for "selecting and arranging" the information contained in a database, even if the creator does not hold the copyrights on the collected information.

The directive also protects against the "unfair extraction" of materials contained in a database, specifically mentioning downloading or hyperlinking as examples of prohibited extraction methods.

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-Is There an Implied License to Deep Link?
[12 hits, 0 votes, Average Rating 0] [Added: 14th Jun 2002]

LawMeme; Ernest Miller; June 11, 2002. Pulls together several articles to discuss this topic. His jumping-off point:

...Thus, Schwimmer asks, "if link-blocking software is readily available and a website doesn't employ it, does that imply a license to link?"

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-Paper Complains to Web Site About the Way It Links
[10 hits, 0 votes, Average Rating 0] [Added: 8th May 2002]

New York Times; David F. Gallagher; May 6, 2002. A new "deep links" controversy.
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-Suit Against Music Search Engine Proceeds
[13 hits, 0 votes, Average Rating 0] [Added: 30th Aug 2002]

Law.com; Tamara Loomis; August 30, 2002. The MP3Board WWW site is worth a look

The case raises the novel issue of whether hyperlinks to pirated material constitute copyright infringement. It involves a Web site, www.MP3Board.com, which makes no secret that its business is to help users scour the Internet for music files -- or MP3s -- on third-party Web sites.

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-YADLD (Yet Another Deep Linking Dispute)
[13 hits, 0 votes, Average Rating 0] [Added: 15th May 2002]

GrepLaw May 15, 2002. More details on the Runner's World depp link conflict.
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