Your Online Rights
Do you know your online rights? It's always been important to me to stay informed regarding this issue. That is one reason why I have a
legalities page in place which touches on the issue of fair use.
If you're online rights are a concern to you,
Chilling Effects aims to help you understand the protections that the First Amendment and intellectual property laws give to your online activities.
We are excited about the new opportunities the Internet offers individuals to express their views, parody politicians, celebrate their favorite movie stars, or criticize businesses. But we've noticed that not everyone feels the same way. Anecdotal evidence suggests that some individuals and corporations are using intellectual property and other laws to silence other online users. Chilling Effects encourages respect for intellectual property law, while frowning on its misuse to "chill" legitimate activity.
The website offers background material and explanations of the law for people whose websites deal with topics such as
Fan Fiction,
Copyright,
Domain Names and Trademarks,
Anonymous Speech, and Defamation and more.
Here's an excerpt from the site on the practice of
"Deep Linking" for example (which refers to the creation of hyperlinks to a page other than a website's homepage).
Some website owners complain that deep links "steal" traffic to their homepages or disrupt the intended flow of their websites. In particular, Ticketmaster has argued that other sites should not be permitted to send browsers directly to Ticketmaster event listings.
Here is what the court decided:
From
Ticketmaster v. Tickets.com opinion:
"...Further, hyperlinking does not itself involve a violation of the Copyright Act (whatever it may do for other claims) since no copying is involved. The customer is automatically transferred to the particular genuine web page of the original author. There is no deception in what is happening. This is analogous to using a library's card index to get reference to particular items, albeit faster and more efficiently".
So far, courts have found that deep links to web pages were neither a copyright infringement nor a trespass.
It's interesting to note however that as the internet grows, we can expect to see more questions raised concerning the legality of certain practices. Stay tuned and be sure to bookmark
ChillingEffects.org.