Re: back door

At 08:04 AM 11/10/00, you wrote:
>What does the group think about linking directly to relevant content 
>(often on the 2nd or 3rd level down on someone else's web site), do you 
>think it's only proper to link to the home page and let the end user try 
>to find their way to the info, or do you think it's OK to go through the 
>"back door" and directly to a subpage?

         Interestingly, this exact practice -- known in legal circles, at 
least, as "deep-linking" -- has resulted in more than one lawsuit.  One of 
the cases, involving Ticketmaster.com and Tickets.com, is still 
ongoing.  In that case, Ticketmaster.com sued Tickets.com because 
Tickets.com "deep-linked" to pages on specific events within the 
Ticketmaster.com web site, rather than to Ticketmaster.com's home page. The 
case included claims for breach of contract, misappropriation, trespass, 
unjust enrichment, copyright infringement, federal unfair competition and 
reverse passing off, false advertising, state unfair business practices and 
interference with business advantage.

         Earlier this year, a federal district judge in California sided 
with Tickets.com -- though the judge's opinion is, of course, limited to 
the specific facts of that case (not all of which are described here) and 
is subject to further judicial review.

         To read an article about this topic, see "Emerging Legal Guidance 
on 'Deep Linking'," http://www.gigalaw.com/articles/kubiszyn-2000-05b-p1.html

         To read the actual opinions from the Ticketmaster.com case, see 
http://www.gigalaw.com/library/ticketmaster-tickets-2000-03-27.html and 
http://www.gigalaw.com/library/ticketmaster-tickets-2000-08-10-p1.html

Doug Isenberg, Esq.
Editor & Publisher, GigaLaw.com (http://www.GigaLaw.com)
GigaLaw.com: "Legal Information for Internet Professionals and the Lawyers 
Who Serve Them"

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