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YOU ARE HERE > HOME > CIO > Article The greatest possibility for a legal precedent on the issue came and went with Ticketmaster's lawsuit against Microsoft in April 1997. Ticketmaster said Microsoft was deep linking from its Sidewalk city guides to the Ticketmaster site without its permission. Ticketmaster had alleged, among other things, that Microsoft infringed on its name and trademark. Ticketmaster also sought an injunction against Microsoft's linking to the Ticketmaster Web site. But last January, the case was settled when Ticketmaster allowed Microsoft to link to its home page but not to deep link to its Web site. Vassiliades said that such cases are likely to be settled before going to trial. "It just doesn't pay to litigate the merits of the case." Ticketmaster, however, might still help set the precedent: In July, it filed suit against Tickets.com, a rival ticket vendor that featured deep links to Ticketmaster's Web site. That case, filed in the same jurisdiction as its earlier suit against Microsoft, is pending. (You can get information about the Ticketmaster vs. Microsoft and other cases involving hyperlinking at Kuester's Web site.) Attribution One answer to the question over deep linking may be found in a case between two rival newspapers in Scotland. In October 1996, The Shetland Times sought an injunction against a competing newspaper, the Shetland News, which had been posting links to The Shetland Times. The case was settled a year later when the News agreed to give attribution to Times stories on its Web site. The News also agreed to include a Times logo with each headline that linked to the Times home page. Kuester said that such an agreement in the U.S. could serve as a guideline for similar disagreements. "That really should be the solution to every one of these linking disputes," he said. "You just say, 'You're now being linked to whatever site.'" "As long as it's known that it's their information that you're going to read, who is really hurt by that?" Beg for forgiveness or ask for permission While there is no clear legal guideline for deep linking, Jacobs suggests that it's proper "Netiquette" to ask the organization whose Web site you want to link to whether you can deep link to their site. You should also review the Web site's terms of use. "Add it as part of your fact checking," Jacobs said. "You should simply contact the Web site." Vassiliades said he also advises his clients to ask permission before linking to a site and follow the guidelines set out in the other site's linking policy. "If there's a notice that says, 'Thou shall not deep link to our site,' then don't do it, seek special permission to do it." Likewise, those that are getting other sites linked to their site should display their policy on linking. What's next? Kuester predicts that eventually, some courts will rule against deep linking while allowing sites to link to other sites' home pages. Such a judgment, which Kuester suggests would be unconstitutional, would likely be challenged in the Supreme Court. The stage may be set for such a challenge. Earlier this month, a U.S. District Court judge in Salt Lake City barred two critics of the Mormon Church from posting other Internet addresses where users could read copies of the Church Handbook of Instructions, a guidebook for Mormon clergy. The danger, Kuester contends, is that any such decision places intellectual property rights over the First Amendment: "In the end, the Internet is hurt by people not being able to find other information."
Corporate Internet Planning Guide : Aligning Internet Strategy with Business Goals — Gascoyne, Richard J. The Clickable Corporation : Successful Strategies for Capturing the Internet Advantage — Free Press
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| 12/28/99 