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THE SITUATION CONCERNING DEEP LINKING
LOGISTICS NEWS POLICY 30 October 2002
1. always to identify the name of the sites linked to
2. to avoid linking around and pass word or registration barriers where we
enter sites by subscription
3. to recognise sources of links from e-mail news letters and other non
web information
4. never to frame linked web sites
5. to publicly list and acknowledge all regular sources
6. always to provide a new window for deep linked items
7. when referring to robotic aggregation lists to aim to use a maximum of
5% of deep links and never to exceed 10%
THE LAW
wired.com and wired.com
Reports the case of
ticketmaster.com
v tickets.com 2000.
"Hyperlinking does not itself involve a violation of the Copyright
Act," Hupp said in his ruling. "There is no deception in what is
happening. This is analogous to using a library's card index to get reference to
particular items, albeit faster and more efficiently."
Despite continuing pressure, this U.S. case still seems to apply, It
was later cited in the
barkingdogs.org
case
wired.com
However Kelly v Arriba, has established framing as a breach of copyright.
wired.com
Reports a Danish case of
pressenshus.dk
v newsbooster.com to be heard in court
in late June 2002. One part of the judgment is associated with
Danish Law, but the other part is related to E.U. law.
"In principle, each European country can set its own laws, but those laws
must respect community law, but the Newsbooster case also involves the Danish
Marketing Act, a law specific to Denmark. If the court finding centers on the
marketing act, it will be less broadly relevant."
THE ENCLOSURE OF CYBERSPACE 07-07-02
More about the
newsbooster.com
deep link case:
newsbooster
nytimes
boston
newsbooster
nytimes...
newsbooster.com up-date,
early 2003:
wired
wired is
another later case, this time in Germany, based on E.U. law. It is a
complex judgement, but as we do not lift substantial portions of any one set of
results from lists, it will not have a direct bearing on the Logistics News.
The focus of this case is the list itself.
AN ARGUMENT ABOUT CONFIDENTIALITY-- UPDATE
30-10-02
wired
reports a case involving Reuters linking into a web page containing a financial
report not officially announced elsewhere. The problem is that a Reuters
journalist had guessed the link to the hidden page before
intentia.se intended it to be used by
publishing the link. This could be a sideline case,
as U.K. and U.S. law would make the company liable.
Hyperlink legal page:
jura.uni-tuebingen.de
LOGISTICS NEWS OPINION
The implications are substantial. If deep linking is banned, it is
doubtful search engines could continue to operate. This site would have to
radically alter its approach and might end up far less useful
Copyright implies intelligible content. We link to pages using internet
addresses. An address is as little copyright material as our office
address in Hatton Garden. The information we use is publicly
available and all we do is to make access that bit easier. If companies
wish to erect barriers, then it is clear any break in is trespassing. The
technology for these barriers is relatively simple, practical and well
known
Newsbooster charges for its selective aggregation service... the Logistics News
is free to users... but the Newsbooster case another attempt to assert
property rights over cyberspace. Any attempt at Enclosure by a convenient
confusion of 'referral' to 'copying' should be contested. Telling
someone where to find information is not theft... otherwise, would be almost as
laughable as making library
index systems illegal. It's easy to put
up I.T. barriers... why try to get
the courts to to do the job?
The underlying motivation of many companies might be to try to protect their
brands in cyber-space. Internet linking has the effect of watering down
the established way brands have worked in the real world and has introduced new
rules in cyberspace. Large companies appear to be doing their best
to halt progress in their attempts to bring the internet to heel. As
brands are a multi-trillion dollar business, the pressure to control the
internet will be substantial.
Despite rulings prohibiting deep linking, such as the recent case in Turkey,
when push comes to shove, it will be U.S. law that will be the most influential.
These Canute like attempts could back-fire, causing brand name companies to
become isolated from the rough and tumble of the internet. New
brands could more easily flourish, shielded from the self imposed isolation
created by a damaging old fashioned love of yesterday's rules of brand
operation. Given the influence of industry on the E.U., it is likely
there will be attempt to restrict or ban deep linking... but it's equally likely
to fail
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