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Subject: Re: UKNM: Linking to sites
From: Simon Heywood
Date: Tue, 24 Oct 2000 16:06:49 +0100

Did they say which clause of the act it infringes?
Can't see how it could be without them infringing the act themselves.

----- Original Message -----
From: "Jo Chipchase" <joatcanuhackit [dot] net>
To: <uk-netmarketingatchinwag [dot] com>
Sent: 20 October 2000 21:39
Subject: RE: UKNM: Linking to sites


> 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>
> >RBaileyatgodado [dot] com <RBaileyatgodado [dot] com (mailto:RBaileyatgodado [dot] com)>
> >020 7236 7722
> >
> >-----Original Message-----
> >From: owneratchinwag [dot] com [owneratchinwag [dot] com]On">mailto:owneratchinwag [dot] com]On Behalf Of John
> >Enser
> >Sent: 17 October 2000 22:29
> >To: 'uk-netmarketingatchinwag [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
> >jxeatolswang [dot] com
> >www.olswang.com
> >
> >[Sam says: msg chopped]


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Replies
  Re: UKNM: Linking to sites, Steve Bowbrick

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