Skip to main content

View Diary: Copyright Or Copy Wrong: Posting Pics At Dkos (289 comments)

Comment Preferences

  •  confusion on terms here (5+ / 0-)
    Recommended by:
    Turkana, nonnie9999, possum, mikk0, Got a Grip

    the court decision used the term to refer to a regular link to inside page of another website. will double check the case now to make sure my memory is correct.

    •  regular hyperlinking not deep linking (5+ / 0-)
      Recommended by:
      Turkana, nonnie9999, possum, mikk0, Got a Grip

      sorry, i am tech idiot, but my read of the case is that the court is using the terms "deep linking"  for what i consider regular link to inside page of an external web site.

      this is how court describes the linking:

      Here is where the unique feature of this case-hyperlinks or deep linking-comes in. Where the exclusive ticket broker is Ticketmaster, and the customer clicks on "Buy this ticket from another on-line ticketing company", the customer is instantly transferred to the interior web page of Ticketmaster (bypassing the home page) for the the particular event in question, where the customer may buy the tickets (from Ticketmaster, not Tickets) on-line. An explanation is generally given by Tickets as follows: "These tickets are sold by another ticketing company. Although we can't sell them to you, the link above will take you directly to the other company's web site where you can purchase them." The interior web page contains the Ticketmaster logo and the customer must know he is dealing with Ticketmaster, not Tickets.

      And, again here:

      The 10th claim (tortious interference with prospective business advantage) is not preempted. The claim is that advertisers who pay on the basis of the number of "hits" on the home page will not pay for deep linked reference to the interior event pages. This is alleged to be purposely done to disrupt Ticketmaster's income from these advertisers. Further, the allegation is made that bypassing the home page enables the customer to avoid the terms and conditions, which are not available to him on the event page. There are virtually no cases on deep linking, particularly none on linking to particular interior pages of a website. The allegations of deliberately disrupting business by hyper-linking do allege the "extra element" necessary to escape preemption. Accordingly, the court is not ready to definitively rule on this in the context of an interference claim and the motion to dismiss is denied as to this claim.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site