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NY Times: Assessing Linking Liability

Sep 08, 2000, 18:28 (6 Talkback[s])
(Other stories by Carl S. Kaplan)

"Question: May a court place the two publishers in the scales and reasonably conclude that one is engaging in lawful linking activity while the other has perpetrated a legal no-no?"

"In a largely overlooked portion of a recent decision, a federal judge has indicated the answer is, yes indeed. According to Judge Lewis A. Kaplan of the U.S. District Court for the Southern District, in Manhattan, a link can be bad or good. It mainly turns on whether the linker's intent is laudable or not."

"Depending on whom you talk to, Judge Kaplan's reasoning is either a swipe at the First Amendment, which may protect Internet links as a form of expression, or it is a reasonable rule of thumb that balances the rights of speakers and intellectual property owners in the digital age...."

"After the decision, Corley removed the hyperlinks from his site, but continued to publish the web addresses of the sites where the decoding software can be found."

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