Saturday, September 18, 2010

Linking

The Internet lives and breathes on its ability to provide interconnectivity to its users. Through linking websites, it provides its greatest selling point – access to a variety of information. While the Internet will be nothing without linking, this mode of interconnection gives rise to a host of legal issues.

It's not unusual, for example, for website owners and bloggers to incorporate links to other URL’s in their pages, oftentimes without the permission of the owner of the linked page. Where the trademarks and other copyrighted materials found in websites are used as links without permission, a case for infringement may arise. Take framing, for instance. Used in conjunction with inline links, it allows a web site author to incorporate or pull in an entire external site, or portions thereof, and surround it with frames of his or her own creation. [1] It therefore becomes possible for another site’s trademarks and text to be displayed in the host website without its permission or knowledge. It likewise gives the impression that the external site is being offered by the framing site or that the two are affiliated, which may not necessarily be the case. This practice is thus believed by some to confuse or mislead people and increase the likelihood of trademark and copyright infringement.

Obviously, to proscribe linking altogether is not a feasible response; practical solutions are available to address these problems. One suggestion is to use only plain-text names in linking to another page, instead of registered logos, product designs, slogans or trademarks. Another solution is to obtain the permission of the owner of the linked site before using any text or image found on such site.[2]

While the Internet allows for great connectivity, its main function in linking systems and providing accessibility should not be abused if it is to remain a democratic medium of social interaction.



[1] http://www.mttlr.org/volfive/chan.pdf

[2] http://www.publaw.com/linking.html

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