Re: Linking to other sites

From: Vicki Hyde <info_at_turbopress.com>
Date: Thu 15 Jun 2000 10:31:55 +1200

ANDREW GROSSET <agrosset_at_telusplanet.net> WROTE:
> Could someone comment on the legality of linking to
> News Stories on for example Yahoo? They typically use
> Reuters and there general disclaimer at the bottom is:
>
> "Republication or redistribution of Reuters content is
> expressly prohibited...."

Hello Andrew,

I manage the SciTechDaily Review site
(http:scitechdaily.com) which is a porthole site
consisting solely of links to other news/analysis sites
(everyone fom the Washington Post to the New England
Journal of Medicine).

The important distinction here is that the links go
directly to the originating sites -- their content is
not framed in any way by us to suggest that it is
ours, which is the thing that can get you in trouble.

If you stick a frame around it, there is room for
confusion, and it is a form of republication; if you
pull the material off one site and put it on your own,
that is republication; if you send it off purporting to
come from yourself, that is redistribution. They are
all no-nos, though whether they are legally actionable
depends on what you do and to whom. In all cases, I
believe that they are ethically questionable and to be
avoided if you wish to ensure good business
relationships and be seen as a responsible
cybercitizen.

If you'd like to read a thorough and thought-provoking
report on copyright in cyberspace and the issues
raised by linking and framing take a look at this:

http://216.150.7.66/mainpages/articles/friedman.pdf

"Trademark Traps, Copyright Concerns, and Limiting
Liability in Cyberspace" was written by counsel
Jessica Friedman and discusses the case law concerning
linking, protection of domain names and meta-tags, the
Digital Millennium Copyright Act and remedies for
infringement.

BTW, you may want to rethink the new window open
strategy. From the material I've read and our own
surveying, people tend to prefer to make their own
choices about whether a link opens a new window or not.
If you operate with a bunch of windows open already,
the new one can get lost in the crowd, provoking
frustration.

Most people these days recognise a link when they see
it and are capable of hitting the Back button to get
back to your site. It's my belief (with some empirical
data to back it up) that you would lose more by going
for the new window open option than you would be
sending them direct from the link itself. Your call
though.

Cheers,
Vicki Hyde
=========================================================
TurboPress online periodical management http://TurboPress.com
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Received on Wed Jun 14 2000 - 17:31:55 CDT