© Linking
Hyperlinks are classified into two main types: "out links" and "inline links." Out links are simple links to another Web page. When a user clicks on this type of link, he or she is directed to a new site, with a new Web address. Inline links retrieve information from another Web site and frame it within the window of the linking site.
Example:
The images on this page are all "inline" links--that is, even though the images appear to be part of this page, they are actually separate files from files containing the text you are reading. Using inline links, I can incorporate an image from any server on the Internet into my Web page and make it look like part of my page.
Linking raises a number of potential copyright and trademark infringement issues. If copyright owners do not want their material disseminated, links to the material can constitute unauthorized reproduction, distribution, display or performance under copyright law. (However, one can also argue that by posting content to the Internet, the copyright owner has made an implied authorization for distribution by linking.) If the links themselves are in the form of a registered trademark, the linking site could be held liable for trademark infringement or dilution.
»Deep linking
"Deep linking" is the practice of linking to information on a Web page deep within another Web site, rather than to the site's "home" page. The practice raises some challenging issues for courts, and there is relatively limited case law on the subject.
By bypassing the home page, deep linking alters the way a user experiences a Web site. Home pages generally have significant information concerning the site (including logos, navigation tips, terms and conditions of use, disclaimers, and privacy notices). Equally important, home pages generally contain advertisement-rich content from advertisers who pay for the number of user visits on the page.
In assessing the legality of deep linking, several factors are important to consider, not the least of which is the potential revenue from advertisers. It is also important to assess the fairness of linking to pages deep within another Web site. Is the link deceptive? Is it clear to users that they are being sent to a different site? Does deep-linking violate copyright laws? These issues are still open to debate, especially in cases where users are unclear of the source of the content they are viewing.
Example:
In 1997, Ticketmaster, Inc. filed the first case involving deep linking against Microsoft for providing links to Ticketmaster's event pages on its local Seattle Web guide. But the case was settled in February 1999 without a court decision. In the settlement, Microsoft agreed not to provide deep links to Ticketmaster's site, agreeing instead to link only to the Ticketmaster home page.A second Ticketmaster case involving deep linking led to a key court decision. The case was brought against Tickets.com, Inc. in federal district court for the Central District of California. In March 2000, the court held for the defendant. Like Microsoft, Tickets.com provided links to specific event pages within the Ticketmaster Web site. The links were clear, the court found, and did not deceive customers into believing that they were still on the Tickets.com site. The court ruled that merely providing hyperlinks to interior pages of a Web site did not constitute copying under the U.S. Copyright Act.
The court also rejected Ticketmaster's claim that deep linking amounted to invasion and unlawful trespass, since Web sites are publicly accessible. While that case has been viewed by many as a landmark ruling allowing both linking and deep linking within certain prescribed parameters, there are still no definitive rules on how and when one can employ deep linking without violating copyright law.
