Re: [OS:N:] [OT]: is deep linking illegal?

Todd Warner <[email protected]>
Newsgroups gmane.org.open-source-now
Message-ID <[email protected]>
I suspect it is not illegal as news aggregators, e.g., linuxtoday,
deeply link directly to articles at lots and lots of websites.

On Fri, 24 Oct 2003, M. Fioretti wrote:

> Not directly related to Open Source, but judging from past discussions
> here I'm sure that some member will have pointers, and several others
> will be interested anyway.
> 
> Deep linking is pointing straight to a web page instead of the
> corresponding home page. As in writing, in my weblog or full blown
> online magazine/portal:
> 
> 3)       XYZ has an interesting article on topic foo, read it at
>        http://www.xyz.com/articles/article_about_foo.html
> 
> instead of:
> 
> 2)     XYZ has an interesting article on topic foo, go to
>        http://www.xyz.com/ and search for that story from there
> 
> I have just read in an italian newsgroup that in USA only method 2)
> would be legal now, on the ground that method 1) would damage XYZ by
> diminishing banner hits, and violate their branding, corporate image,
> intellectual property rights, and so on. Because it shortcuts the path
> from the home page, hence giving of XYZ a view/user experience
> different from what they want to convey.
> 
> This seems really absurd to me (**): apart from obvious issues of
> common sense, internet useability, freedom of speech and so on (so we
> are at least partially on topic here) I don't see how Google or any
> other search engine could survive in that scenario. Or how anybody
> could quickly ever find anything online for that matter.
> 
> May I ask to all list members, be they USA citizens or not, how things
> actually are in their country?
> 
> Whatever the situation is, I would like to answer providing official
> online resources saying "Law in this country says so and so" or "there
> is no law whatsoever about this yet"
> 
> TIA,
> 	Marco Fioretti
> 
> (**) the only possible meaningful exception being, as I see it,
> framing: if I put http://www.xyz.com/articles/article_about_foo.html
> in a frame of www.mysite.com/news/ then it does steal banners, confuse
> readers, and give the impression that I am the author.
> 
> 

-- 
____________
 /odd Warner                                    <taw@{redhat,pobox}.com>
          Bit Twiddler - Operation Cheetah Flip - Red Hat Inc.
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Evil does not wear a bonnet!
--Mr. Tinkles, "Cats and Dogs"


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