Deep (Linking) Thought
HHGtTG Reference:-
I have recently had the pleasure of reading an essay by Ivan which is available here.
It notes the practice of deep linking.
As you may be aware from reading my blog I am deeply conservative and orthodox in my views of copyright infringment and deep linking has presented a problem.
The concept of deep linking is using a hyper text link to send the user to a page behind the web pages main page.
Ivan argues that deep linking is not illegal if it is an outlink - that is the link takes the browser to the web page directly and does not display any additional information.
Inlinking however, that is where a frame or header from the original site is displayed over the linked information is illegal on the basis that it imports copyright data into the infringers web site.
However, all of this works on the basic assumption that each individual page is a work. It may, in the future, be arguable that the total website and all individual pages represent a single work. In this case, it would appear that by deep linking, even outlinking, you would be communicating a work to the public and therefore infringing copyright. THERE ARE MAJOR PROBLEMS WITH THIS ARGUMENT BUT I THINK IT MIGHT BE RAISED - especially in the context of site owners who derive revenue from site advertising that appears on thier home page. By deep linking and avoiding the advertising the site owner cannot charge the same amount of fees.
Something to think about in the future.
posted by A C Stewart @ 9:56 PM
7 Comments:
It has been raised. And dismissed by the courts in the UK, however the Defendant was still found guilty (courts found them guilty of copying headlines). Will dig around for the case citation, Shetland Times.
Deep linking might indeed be a problem even if it's an out link, however i believe that it would most likely fail as the courts or the infringer argue an implied licence. However i believe one problem as seen in your latest entry, is when you have a site with outlinks to infringed material ie. on an ftp server.
What do you think?
ACS:
i just noticed this now. The infringement of out links lies not with communicating the work to the public. BUT authorising the infringement of it. In the UK you fall foul of the law even by authorising an infringement.
In links of course is simpler case of direct infringement, or even under the tort of passing off.
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