Wednesday, January 14, 2009

Linking and Liability for Creators [Part V]

For this part, we will discuss the problems of Linking. As explained in previous discussions, linking is the heart and soul of the World Wide Web. Consequently, if linking were disallowed or made illegal in the abstract, the Web would no longer exist. Clearly, no court or legislature would ever go so far as to outlaw all linking. Practically, then, linking is permissible because otherwise the web would end.

When an HREF link is followed by an end user, the user's browser is told to go to a new source for information. In such HREF links, the browser redraws the user's screen from scratch, based upon the information found at the new, linked-to location. In effect, the HREF link merely provides the browser with the Internet address for a new page. Providing this address to an end users web browser should be no more an infringement than providing that web address in written form.

Hence, there would appear to be no legal means for preventing someone from including a link in one page to another. Unfortunately, life is never that simple. In certain situations, links can be used in a way that may violate copyright, defamation, or unfair competition laws. (Brad Bolin of www.bitlaw.com)

[Part I] [Part II] [Part III] [Part IV] [Part V] [Part VI] [Part VII] [Part VIII] [Part IX] [Part X]

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