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Re: Arrested - re: TAG ISSUE-25 deep linking

From: Martin J. Dürst <duerst@it.aoyama.ac.jp>
Date: Fri, 11 Mar 2011 11:43:41 +0900
Message-ID: <4D798C5D.5030306@it.aoyama.ac.jp>
To: ashok.malhotra@oracle.com
CC: Jonathan Rees <jar@creativecommons.org>, Tim Berners-Lee <timbl@w3.org>, TAG List <www-tag@w3.org>
Hello Ashok,

On 2011/03/10 0:10, ashok malhotra wrote:
> On 3/9/2011 6:34 AM, Jonathan Rees wrote:
>> It certainly sounds as if ICE has convinced a judge at arraignment
>> (I'm assuming that there was an arraignment) that linking can
>> constitute infringement.
> If I have a large, boldface banner on my website that says "Do Not Link
> to this Website" then I assume
> that it can be argued that linking to the website constitutes
> infringement as long as I saw the banner
> before I linked. Can I argue that my website is my "property" in the
> legal sense and so I can regulate
> its use?

If by "linking" you mean referential linking (typically <a href=...>), 
then I would want to very strongly argue that it should not be possible 
to forbid linking, because as Tim has mentioned previously, that would 
be a restriction of freedom of speech, in the same way as if you would 
publish a book and put a banner on the front page saying "you are not 
allowed to mention this book to anybody".

Regards,    Martin.

#-# Martin J. Dürst, Professor, Aoyama Gakuin University
#-# http://www.sw.it.aoyama.ac.jp   mailto:duerst@it.aoyama.ac.jp
Received on Friday, 11 March 2011 02:44:47 UTC

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