Re: UKNM: Linking to sites

[Zing!n Media]

Having spoken to some legal friends of mine, I think I can explain the

linking situation as it currently stands in UK law. I`m still no expert

though so if there are any lawyers on here, a second opinion would be

useful.


Basically, there is no UK legal precedent for providing simple text links to

a web site's home page so, unless a site owner objects, you are ok to link

to anyone you like. After all, if this type linking was a problem, sites

like Altavista and, of course, Zingin would be open to a whole lot of

trouble.


You may hit problems if you frame the content to pass off as your own or

link to a page within someone else's site (although lots of news aggregators

couldn`t survive without deep links) - and it's always a good idea to ask

the site owner for permission just to cover your back.


If you want a proper legal opinion (complete with cases), try

http://mirrored.ukoln.ac.uk/lis-journals/dlib/dlib/dlib/april98/04orourke.ht

ml or http://ahds.ac.uk/bkgd/copyrightfaq.html#faq21


I`n not sure about the trademark infringement question of mentioning the

site's name but, AFAIK, you won`t get into trouble as long as you don`t

suggest a (non-existent) association with the linked-to site (i.e don`t use

logo's or words like "partners".


Bottom line: You can link to sites provided you tell the webmaster, you're

not slagging them off, don`t claim to have a partnership arrangement with

them and only link to their home page.


Hope that is of some help.


Paul


==


Paul Carr

Managing Editor


Zingin.com - The UK's finest internet guide.

http://www.zingin.com


_____________________________________________________________


Zingin Mail - FREE from http://www.zingin.com

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----- Original Message -----

From: Chris Lascelles <

lascellesclara [dot] co [dot] uk

>

To: <

uk-netmarketingchinwag [dot] com

>

Sent: Monday, October 16, 2000 8:24 PM

Subject: FW: UKNM: Linking to sites



>

> Thanks Paul, but as Michael pointed out, there still seems to be some

> confusion over this issue.  I understand that deep linking or framinhg

> requires prior agreement but still not 100% sure about a simple link. If

> there are any lawyers on this list, how about a bit of free advice? (does

> that exist in the legal profession? - any good lawyer jokes anybody?)

>

> Chris Lascelles

>

lascellesclara [dot] co [dot] uk

>

>

> -----Original Message-----

>

From: Zing!n Media [mailzingin [dot] com (mailto:mailzingin [dot] com)]

> Sent: 14 October 2000 00:03

>

To: uk-netmarketingchinwag [dot] com

> Subject: Re: UKNM: Linking to sites

>

> I`m no expert but as far as I know, you are free to link to any web site

> without permission but deep-linking (linking to pages other than the home

> page) has certainly been frowned upon in American law

> (http://www.gigalaw.com/articles/kubiszyn-2000-05b-p1.html).

>

> >From a practical point of view, providing links to web pages should

present

> any legal problems provided you're not saying anything defamatory about

the

> site in question and that you don`t try and pass of their content as your

> own. It's always a good idea to tell them that you're linking to them as

> well.

>

> Paul

> _____________

>

> If you are *pointing* to a site, that is loading the page into your

> visitor's browser then you can certainly do that - it's like offering

> someone a lift

> to the shop.  However, if you load their page into a new window or

otherwise

> load a page so that it may appear to be 'your' content, then you're in

> trouble.

> I believe that there was a battle between 2 Scottish newspapers last year

> over the fact that one was allegedly just providing headlines and pointing

> to the content of the other's site - however, it was alleged that they

> loaded

> it in such a way that it was difficult to tell it was another site.

>

> Michael Trott

>

> Michael Trott

> Operations Director

> Speechradio.com Ltd. - The Internet's Leading Audio Content Provider

> Visit Internet Radio at www.studentradio.co.uk, www.arenaradio.co.uk,

> www.radiohtml.com

> Free radio for your website from http://www.speechradio.com



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