Re: Copyright: Form, Content, and Prepublication Incarnations

From: Steve Hitchcock <sh94r_at_ECS.SOTON.AC.UK>
Date: Thu, 25 Oct 2001 12:30:57 +0100

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 (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
Dan L Burk (1998) Proprietary Rights in Hypertext Linkages

Steve Hitchcock
Open Citation (OpCit) Project <>
IAM Research Group, Department of Electronics and Computer Science
University of Southampton SO17 1BJ, UK
Tel: +44 (0)23 8059 3256 Fax: +44 (0)23 8059 2865
Received on Thu Oct 25 2001 - 12:27:08 BST

This archive was generated by hypermail 2.3.0 : Fri Dec 10 2010 - 19:46:16 GMT