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   Author  Topic: Web News Links  (Read 2063 times)
AGB
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Web News Links
« on: Jun 1st, 2006, 8:37am »
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If I were to collect (and distribute to select group of recipients) links to web-based news articles from various sources (local, national, international), would there be any concerns linking to specific website pages rather than a home page?  Would permission be required?
« Last Edit: Jun 1st, 2006, 8:42am by AGB » IP Logged
Isaac
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Re: Web News Links
« Reply #1 on: Jun 1st, 2006, 12:10pm »
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Yes there would be concerns.  Some news gathers explicitly indicate on their web pages that linking requires permission.   For example, NPR used to have a no linking/framing policy which I believed they dropped after being given flak about it.
 
I've heard a number of theories under which someone could file suit for linking without permission.   At the very least, continuing to deep link after a demand not to do so would likely be enough to constitute unauthorized access to a computer.
 
This question has come up in this forum before.   I think Mr. Sonnabend has previously cited some case law on the issue.
« Last Edit: Jun 1st, 2006, 12:12pm by Isaac » IP Logged

Isaac
JSonnabend
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Re: Web News Links
« Reply #2 on: Jun 1st, 2006, 1:14pm »
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Mr. Sonnabend?  That's my dad.
 
To the best of my recollection, prior threads have concerned use of information gained from a website, not linking to it.  
 
I believe there is a legally cognizable difference between "deep linking" on the one hand and framing or page scraping on the other.  Linking merely points a user to another's address, it does not "take" or "copy" anything in any substantive sense of the words.  It certainly does not require access to another's computer.  
 
By contrast, framing and scraping both appropriate (or misappropriate) another's content.  
 
Consequently, and without researching the issue further, I do not think there is any significant risk associated with "deep" linking, even after a demand to C&D.
 
Research might prove otherwise, but that's my gut response.
 
- Jeff
« Last Edit: Jun 1st, 2006, 1:15pm by JSonnabend » IP Logged

SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
AGB
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Re: Web News Links
« Reply #3 on: Jun 1st, 2006, 1:33pm »
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Thank you both for your comments.  Allow me to be more specific...my intention is to display my content no differently that an internet search engine; namely, it would contain the article headline, part of the first sentence from the article, the source, and a link to the source's full article.
 
AGB
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Isaac
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Re: Web News Links
« Reply #4 on: Jun 1st, 2006, 2:37pm »
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on Jun 1st, 2006, 1:14pm, JSonnabend wrote:

I believe there is a legally cognizable difference between "deep linking" on the one hand and framing or page scraping on the other.  Linking merely points a user to another's address, it does not "take" or "copy" anything in any substantive sense of the words.  It certainly does not require access to another's computer.

 
I'd have to disagree here.   Following a link to content accesses the computer storing that content (absent a caching scenario).   Deep linking results in no less of a use of resources on or less of an access to the host computer than would page scraping which could occur on one's own browser or computer after accessing a page on a host computer.    There could be a question of a difference in use of resources based on the number of repetitions of the activities.
 
I see a difference in that the linker's connection to the access when deep linking is indirect rather than direct.   However it would be possible to whip up a scenario where the screen scraping was initiated by a visitor clicking on a link.  It's not clear to me that the difference is legally significant.
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