Re: Link-off

James Love <love[_at_]cptech.org> wrote:
>
> ---------- message forwarded by James Love <love[_at_]cptech.org> ----------
>
> Date: Wed, 2 Jul 1997 12:39:47 -0400 (EDT)
> From: Rick Dahlgren <rd[_at_]cottonwood.com>
> To: Multiple recipients of list <antitrust[_at_]essential.org>
> Subject: Link-off
>
> On page B-6 of today's (July 2, 1997) Wall Street Journal, Rebbeca
> Quick reports on efforts underway to prohibit linking to sites on
> the internet. In the article, titled "Can't Get There From Here May
> Be Web's New Motto", Quick reported on the squabble between
> Ticketmaster and Microsoft's Sidewalk link to Ticketmaster's site
> without a linking agreement, implying that Ticketmaster holds that
> Microsoft should share ad revenues from advertisements placed on the
> Sidewalk page linking to Ticketmaster with Ticketmaster.
>
> Quick also reported on a lawsuit filed by Bruce P. Keller on behalf
> of, among others, Dow Jones & Co., publisher of the Wall Street
> Journal against TotalNEWS for improper linking. (TotalNEWS apparently
> was providing links within a frame on screen along with other
> TotalNEWS branded material in adjacent frames).
>
> Ironically, on the same page of the Wall Street Journal where the
> Quick article appears, the Journal also published an insert article
> titled "Watching the Web" that provides links to various internet
> sites. Adjacent to "Watching the Web" are several advertisements for
> web related entities.
>
> Is Dow Jones sharing the revenue from those ads with the companies
> whose links they published?
>
> Let's all hope that absurdity isn't the newest online virus.
>
> Rick Dahlgren

Looks like the WSJ is publishing old news. The TotalNews case (the owners of the WSJ being one of the plaintiffs), was settled out of court in the middle of June. The issue resolved into one of "framing", whereby the defendant agreed that plaintiffs' sites could be linked to, but could not be framed within the TotalNews site. As to Ticketmaster v. Microsoft, to the best of my knowledge the case has not yet been settled, and the IP issues raised in it have little legal precedent to go on.

You must not forget that these cases are in the commercial realm, where trademark dilution and trademark infringement are the major causes of action stipulated relating to the linking issues. In addition, there seems to be a growing movement of netizens who say that common netiquette requires that any linking, commercial or non-commercial, should be done after notifying the linkee of your intention to link to him. I personally have reservations about this position.

Also, the ABA has established a sub-committee to create guidelines for commercial linking (including linking agreements). See their site at (http://www.abanet.org/buslaw/cyber/groups.html#IntelProp).

While it might be argued that the Ticketmaster case is really about commercial avarice, one must not be hasty to dismiss the Intellectual Property issues surrounding linking, especially in the commercial world.

Brian Negin
<negin[_at_]cbs.gov.il>

The above views are my own, and do not necessarily express the views of my employer. Received on Thu Jul 03 1997 - 04:06:25 GMT