At 10:51 25/10/01 +0100, Fytton Rowland wrote:
At 07:12 PM 10/24/01 +0100, Stevan Harnad wrote:
>On Wed, 24 Oct 2001, Joseph Ransdell wrote:
>> Question: Can the third party list the URl of that paper on his or
her own
>> website?
>
>Of course! (Do you know of any legislation that dictates what [non-porno,
>non-terrorist] URL anyone can list on anyone's website?)
Not legislation, but litigation under Scottish law. The Shetland Times
case concerned a newly founded e-newspaper (The Shetland News) which
included in its website a link to the website of its old-established print
competitor, The Shetland Times. The latter took the matter to court to try
to force the removal of the link -- presumably on the grounds that users of
the News site might imagine that the material in the Times, linked to, was
in fact part of the News. Others (Charles Oppenheim?) will be able to
report what the outcome of the case was, but I believe it was not clear-cut.
This perennially resolves to the issue of framing rather than linking.
Looking at my Perspectives in Electronic Publishing
http://aims.ecs.soton.ac.uk/pep.nsf (PeP by category-Legal-Hyperlinks :-)
shows JILT published a couple of papers that reflect on these issues:
Alex Morrison (1999) Hijack on the Road to Xanadu: the Infingement of
Copyright in HTML Documents via Networked Computers and the Legitimacy of
Browsing Hypermedia Documents http://elj.warwick.ac.uk/jilt//99-1/morrison.html
Dan L Burk (1998) Proprietary Rights in Hypertext Linkages
http://elj.warwick.ac.uk/jilt/intprop/98_2burk/default.htm
Steve Hitchcock
Open Citation (OpCit) Project <http://opcit.eprints.org/>
IAM Research Group, Department of Electronics and Computer Science
University of Southampton SO17 1BJ, UK
Email: sh...@ecs.soton.ac.uk
Tel: +44 (0)23 8059 3256 Fax: +44 (0)23 8059 2865
