RE: UKNM: Linking to sites

[Jo Chipchase]

A corporate client has just told me not to link to any of their client

sites, because it is infringing the Data Protection Act.  Surely no-one

would be so churlish to complain about having targeted traffic driven to

them?  We're not talking deep linking here - just a link to the front page!


Jo.


At 16:31 19/10/00 +0100, you wrote:

>The Ferengi Rules of Acquisition.

>  59) Free advice is seldom cheap.*

>

>Richard Bailey

>www.Godado.co.uk <http://www.Godado.co.uk>

>

RBaileygodado [dot] com <RBaileygodado [dot] com (mailto:RBaileygodado [dot] com)>

>020 7236 7722

>

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

>

From: ownerchinwag [dot] com [ownerchinwag [dot] com]On">mailto:ownerchinwag [dot] com]On Behalf Of John

>Enser

>Sent: 17 October 2000 22:29

>

To: 'uk-netmarketingchinwag [dot] com'

>Subject: RE: UKNM: Linking to sites

>

>

>Chris,

>

>free advice is dangerous, 'cos you get what you pay for...

>

>but on the basis that this is not advice and you are not my client and all

>those other disclaimers:

>

>1.  Stuff about Shetland Times that Mary posted is spot on - the case was

>settled and does not take things much further; there are no other UK cases

>(although one in Holland just went in favour of the company which provided

>the deep links)

>

>2.  The trademark point is borderline-to-wrong; if I want to list coca-cola

>and their address in a directory, I do not infringe  their mark by doing so

>(although the logo is not so black and white).  So, if I am legally linking

>and so showing you where their site is, that is probably OK too.

>

>3.  The trouble with deep linking and framing is really about "passing off"

>- suggesting that you have a kind of relationship with the other site that

>you do not actually have, a bit like a misleading endorsement.

>

>4.  My practical advice is that there is no harm in asking - people rarely

>say no.  If you do not want to ask because you think that the way in which

>you are using their site (by deep linking or whatever) is likely to lead

>them to say no, you are probably deep enough in the grey area to mean you

>ought to take paid-for advice, so you can sue your lawyer for getting it

>wrong ;-)

>

>John

>

jxeolswang [dot] com

>www.olswang.com

>

>[Sam says: msg chopped]


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